With no explanation, chose the best option from "A", "B", "C" or "D". interpreted as a factual assertion, we must examine the “totality of the circumstances in which it was made.” Underwager, 69 F.3d at 366. First, we look at the statement in its broad context, which includes the general tenor of the entire work, the subject of the statements, the setting, and the format of the work. Next we turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, we inquire whether the statement itself is sufficiently factual to be susceptible of being proved true or false. Id. The context in which the statement appears is paramount in our analysis, and in some cases it can be dispositive. See Dworkin, 867 F.2d at 1193(<HOLDING>); Koch v. Goldway, 817 F.2d 507, 509 (9th

A: holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances  both the characteristics of the accused and the details of the interrogation and decide  whether a defendants will was overborne by the circumstances surrounding the giving of a confession
B: holding that the government must prove the facts used in sentencing by a preponderance of the evidence
C: holding that under the probate exception to federal diversity jurisdiction a court must examine the substance of the relief that plaintiffs are seeking and not the labels that they have used
D: holding that courts must examine the facts surrounding the publication the context in which the statements were made and the nature of the language used
D.