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. 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.
PROBLEM: abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis
Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in 78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction

SOLUTION: (D)

PROBLEM: the conversations as they occurred. Further, this officer testified that after speaking with Diana Buchanan during her arrest, he was "convinced" that the voice on the tape was Diana Buchanan's. Although the district court did not elicit testimony as to all the Biggins elements, the officer sponsoring the recording gave adequate testimony to support the recording's reliability. All the voices were identified, and there was no intimation that the tape had been altered. Further, the testifying officer explained how the recording was made, and testified as to its accuracy. Accordingly, we cannot say that the district court abused its discretion in admitting the tape as an accurate reproduction of relevant conversations. See United States v. Lance, 853 F.2d 1177, 1181-82 (5th Cir.1988) (<HOLDING>). C Diana Buchanan next argues that the
Holding statements: (A) holding that the 2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (B) holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred (C) holding that foreign bank documents found inside a persons home were properly authenticated (D) holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home (E) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations

SOLUTION: (B)

PROBLEM: broadly enough to subsume gateway issues into an arbitral dispute, and there is evidence that both parties agreed to the covenants, then the trial court should compel arbitration and leave issues of validity and enforceability to the arbitrator." Id. at 382 (emphasis added). Some courts have explicitly determined that the parties must first agree to arbitrate arbitrability, before any gateway issues can be considered by the arbitrator. Accordingly, unless an agreement to arbitrate first comes into existence, the parties have not agreed to submit any issues to the arbitrator, much less contract formation issues. See, e.g., Denar Restaurants, LLC v. King, No. 02-13-00142-CV, 2014 WL 2430854, at *6 (Tex.App.-Fort Worth May 30, 2014, no pet.) (mem. op., not designated for publication) (<HOLDING>); see also Vallejo v. Garda CL Southwest, Inc.,
Holding statements: (A) recognizing that questions of arbitrability canbe delegated to the arbitrator but concluding that the parties did not agree to submit any issues to the arbitrator because the agreement never came into existence by its terms (B) holding that questions of procedure are for the arbitrator not the courts (C) 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 (D) holding that upon vacating an arbitration award the court has the discretion to remand to the same arbitrator or different arbitrator (E) holding that because the parties agreed to arbitrate and both placed the issue before the arbitrator the issue of consolidation was for the arbitrator

SOLUTION:
(A)