TASK DEFINITION: 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.
PROBLEM: face," id. at 61, 90 S.Ct. 1555, it held that the exception for any portrayal that "does not tend to discredit [the] armed force[s]" impermissibly restricted expression on the basis of viewpoint. See id. at 62-63, 90 S.Ct. 1555. Here, as in Schacht, defendants may be constitutionally permitted to prohibit all fraternal organizations from marching in uniform. But it does not follow from this premise that defendants have the seemingly lesser included authority to ban only some organizations from marching in uniform. Under Schacht, and under other Supreme Court cases involving selective prohibitions on expression, defendants' selectivity must itself pass constitutional muster. Cf. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410, 425-28, 113 S.Ct. 1505, 123 L.Ed.2d 99 (1993) (<HOLDING>); Carey v. Brown, 447 U.S. 455, 465, 100 S.Ct.
Holding statements: (A) holding that cincinnati could not ban commercial newsracks from public property while allowing noncommercial newsracks even if the city might entirely prohibit the use of newsracks on public property (B) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (C) holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property (D) holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence (E) holding not only does cincinnatis categorical ban on commercial newsracks place too much importance on the distinction between commercial and noncommercial speech but in this case the distinction bears no relationship whatsoever to the particular interests that the city has asserted

SOLUTION: holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content

PROBLEM: N.E.2d 968, 973 (Ind.1999). However, when the landowner is a lessor and the lessee is in operational control of the premises, such duty rarely exists. "[A] landlord under many circumstances has no liability to tenants or others for injuries on the property when the tenant is in full control of the leased premises." Dutchmen Mfg., Inc. v. Reynolds, 849 N.E.2d 516, 525 (Ind.2006). "[I]n the absence of statute, covenant, fraud or concealment, a landlord who gives a tenant full control and possession of the leased property will not be liable for personal injuries sustained by the tenant or other persons lawfully' upon the leased property." Olds v. Noel, 857 N.E.2d 1041, 1044 (Ind.Ct.App.2006) (citation omitted), tram, not' sought; cf. Rossow v. Jones, 404 N.E.2d 12, 14 (Ind.Ct.App.1980) (<HOLDING>), trans. not sought. Yost v. Wabash College, 3
Holding statements: (A) holding over (B) holding that captain has reasonable expectation of privacy in all areas of his ship (C) holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building (D) holding that a landlord has a duty of reasonable care over common areas or other areas over which the landlord has retained control (E) holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas

SOLUTION: holding over

PROBLEM: "Under the FAA, absent unmistakable evidence that the parties intended the contrary, it is the courts rather than arbitrators that must decide 'gateway matters' such as ... [w]hether an arbitration agreement is binding on a nonparty...." In re Weekley Homes, L.P., 180 S.W.3d 127, 130 (Tex.2005) (orig.proceeding). We do not believe the cited provisions constitute "unmistakable evidence" that the parties intended for an arbitrator to decide whether nonparties are bound by the arbitration agreement, particularly in light of established Texas law placing the initial burden of proving the existence of a valid arbitration agreement and claims within the scope of that agreement on the party seeking to compel arbitration. See J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 227 (Tex.2003) (<HOLDING>); In re Oakwood Mobile Homes, Inc., 987 S.W.2d
Holding statements: (A) 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 (B) holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement (C) 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 (D) holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement (E) recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement

SOLUTION:
holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement