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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: of attorney-client privilege, nor could they. There was thus no error in admitting the bill. J. The Apportionment of Damages Defendants Ashton and Short contend that the Court erred in refusing to apportion damages among the Defendants. This issue as such was first raised in Defendants' Amended Motion and would not need to be considered by the Court. Arkwright Mutual Insurance Co. v. Philadelphia Electric Co., supra. Prior to the charge of the Court, the parties were advised of the charge and Ash-ton and Short vaguely objected because of the potential for joint and several liability; however they did not propose any points for charge with respect to the apportionment of damages. See Frankel v. Burke's Excavating, Inc., 269 F.Supp. 1007 (E.D.Pa.1967), aff'd 397 F.2d 167 (3rd Cir. 1968) (<HOLDING>). In any event, under Section 433(b),
Holding statements: (A) holding that alleged defects in special interrogatories could not be the basis for a new trial when counsel had not pointed out the alleged defect to the court (B) holding that when a term is defined in the statute it need not be further alleged in the indictment (C) holding that the court had no jurisdiction over an alleged breach of a plea agreement (D) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court properly dismissed plaintiffs fraudulent concealment claim (E) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect
[EX A]: holding that when a term is defined in the statute it need not be further alleged in the indictment

[EX Q]: good or replace the loss caused by the wrong or injury * * Black's Law Dictionary 390 (6th ed. 1990) (emphasis added); see also Restatement (Second) Torts 903 (defining compensatory damages as "damages awarded to a person as compensation, indemnity or restitution for harm sustained by him"); Webster's Third New Int'l Dictionary 463 (3rd ed. 1961) (defining compensatory damages as "damages awarded to make good or compensate for an injury sus tained distinguished from punitive damages "). When civil rights plaintiffs seek "damages for violations of constitutional rights, the level of damages is ordinarily determined according to principles derived from the common law of torts." Memphis Community School Dist. v. Stachura, 477 U.S. 299, 306, 106 S.Ct. 2537, 2542, 91 L.Ed.2d 249 (1986) (<HOLDING>). "Punitive damages aside, damages in tort
Holding statements: (A) holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages (B) holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable (C) holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated (D) holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871 (E) holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases
[EX A]: holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages

[EX Q]: case in a court of law. The court of law would then have to decide whether the entire contract is valid simply in order to determine whether the arbitration clause is valid such that the case may be submitted to arbitration. Obviously, however, at this point res judicata would render any action taken by an arbitrator superfluous and irrelevant, and thus defeat the entire purpose of the arbitration clause, since the court of law would have already decided the larger substantive issue of contractual validity. The law under the FAA and Buckeye, therefore, mandates a different result. In the wake of Buckeye, courts have ruled that challenges to the entire contract, such as this one, are subject to arbitration. See, e.g., Sleeper Farms v. Agway, Inc., 506 F.3d 98, 102-03 (1st Cir.2007) (<HOLDING>); Community State Bank v. Strong, 485 F.3d 597,
Holding statements: (A) holding that while the determination of the scope of an arbitration agreement is for the court the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator (B) holding that the arbitrator was without jurisdiction to consider an issue which was not included in the written notice of arbitration and was added on the first day of the arbitration hearing (C) holding if the claim is fraud in the inducement of the arbitration clause itself an issue that goes to the making of the agreement to arbitrate the federal court may proceed to adjudicate it otherwise claims involving the contract generally should be decided by the arbitrator (D) holding that the issue of whether contract which contained arbitration agreement was illegal should be properly decided by arbitrator not court (E) holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement
[EX A]:
holding that while the determination of the scope of an arbitration agreement is for the court the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator