In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: on the basis of an otherwise constitutional statutory aggravator. 32 Even if we assume Graham supplies the proper analysis for challenging an aggravator, such a challenge fails here. Under Graham, a court "considers 'objective indicia of society's standards, as expressed in legislative enactments and state practice' to determine whether there is a national consensus against the sentencing practice at issue." 130 S.Ct. at 2022 (quoting Roper v. Simmons, 543 U.S. 551, 572, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005)). In the past decade, the Supreme Court has used this approach in three death penalty eases. See Kennedy v. Louisiana, 554 U.S. 407, 446, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008) (concluding the death penalty cannot be imposed for rape); Roper, 543 U.S. at 578, 125 S.Ct. 1183 (<HOLDING>); Atkins v. Virginia, 536 U.S. 304, 321, 122
Holding statements: (A) holding the death penalty unconstitutional for defendants under age eighteen at the time of the crime (B) holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution (C) recognizing that within the world community the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved (D) holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment (E) holding the eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of eighteen when their crimes were committed

Answer: (E)

Question: fact that the oil traversed part of Transocean's vessel before entering the Gulf of Mexico. We recognize that the aforementioned incidents involved blameless third parties, whereas here the owner or operator of the Deepwater Horizon might have contributed to the discharge. By all accounts, if the vessel's blowout preventer had functioned properly, the oil would not have entered navigable waters in violation of the Clean Water Act. The defendants therefore reason that liability is properly imposed upon the owner or operator of the Deepwater Horizon. Yet it is well estab lished that this section of the Clean Water Act leaves no room for civil-penalty defendants to shift liability via allegations of third-party fault. See United States v. Tex-Tow, Inc., 589 F.2d 1310, 1314 (7th Cir.1978) (<HOLDING>). Early in the implementation of the Act's
Holding statements: (A) holding defendant assumed risk that third party would consent to search of storage locker where defendant instructed third party to rent locker under third partys name and allowed third party to keep possession of lease papers and to occasionally retain the keys (B) holding exculpatory statements by a third party should have been admitted in the punishment phase notwithstanding the hearsay rule (C) holding principal liable to third party for tort of agent despite lack of privity between principal and third party (D) holding that a third party has authority to consent to a search if the third party is a coinhabitant (E) holding defendant liable for penalty notwithstanding fault of a third party

Answer: (E)

Question: motion to vacate pursuant to Court of Chancery Rule 12(b)(1). Y. For the foregoing reasons, the State's motion to dismiss F & D's entire Verified Petition pursuant to Court of Chancery Rule 12(b)(1) is GRANTED. IT IS SO ORDERED. 1 . In addition, 10 Del. C. 5703(b) provides: Subject to subsection (c) of this section, a party who has not participated in the arbitration and who has not been made or served with an application to compel arbitration may file its complaint with the Court seeking to enjoin arbitration on the ground that a valid agreement was not made or has not been complied with or that the claim sought to be arbitrated is barred by limitation of 5702(c). 2 . 10 Del. C. 5703(b) and (c). 3 . See Weymouth v. State of Delaware, 1983 WL 17987, at *4 (Del.Ch. July 18, 1983) (<HOLDING>). 4 . 10 Del. C. 5703(c). 5 . Emphasis added.
Holding statements: (A) holding that a partys failure to follow the unequivocal mandate of 10 del c 5703c precludes that party from attempting to deny the plaintiff the opportunity to enjoin the arbitration (B) holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration (C) holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act (D) holding that a party attempting to compel arbitration must first establish that the dispute in question falls within the scope of a valid arbitration agreement (E) holding that failure to follow mandatory provision of statute renders the act void whereas failure to follow directory provision does not

Answer:
(A)