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: of judgment); Fed.R.CivJP. 62(a) (requiring prevailing parties to wait until ten days after the date on which a judgment is entered before they may execute on a judgment); Fed.R.App.P. 4 (requiring that a notice of appeal must be filed within thirty days after the date on which a judgment is entered). The Advisory Committee Notes on Rule 58 bolster this conclusion. Those notes state that the rule is designed to eliminate uncertainties about precisely when a court rendered a judgment. Such uncertainties had arisen in contexts analogous to the one in the instant case, where courts wrote opinions or memoranda “con 2d 940, 942 (5th Cir.1987) (discussing the Advisory Committee’s concern with eliminating uncertainties); Duffer v. American Home Assurance Co., 512 F.2d 793, 799 (5th Cir.1975) (<HOLDING>). See generally 11 Charles A. Wright, Arthur R. 
 Holding statements: (A) holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law (B) holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment (C) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (D) holding that the trial courts oral pronouncement must conform to the written judgment (E) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment

Answer: (B)


Question: appropriate relief for such a violation is for the habeas court to “vacate the judgment of conviction and enter a new judgment from which an appeal can be taken.” Id. Defendant argues that the Peak line of eases applies to his situation, and that his appellate rights should thus be reinstated. However, the Peak rule does not apply in defendant’s ease, as the appeal at issue is not an appeal from a conviction. A Sixth Amendment right to counsel does not attach to an appeal from a supervised release revocation hearing. Borrego v. United States, 975 F.Supp. 520, 523 (S.D.N.Y.1997). This follows logically from the fact that there is no guaranteed constitutional right to counsel at the supervised release revocation hearing itself. See United States v. Meeks, 25 F.3d 1117, 1123 (2d Cir.1994)(<HOLDING>); see also United States v. Pelensky, 129 F.3d 
 Holding statements: (A) holding that defendants have a right to counsel in criminal proceedings (B) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (C) recognizing constitutional right to effective counsel (D) holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal (E) holding that most of the fundamental constitutional procedural protections that are normally applicable to a criminal prosecution are not required for supervisedrelease proceedings as a matter of constitutional law including a right to counsel

Answer: (E)


Question: in connection with the pending motions to dismiss. 8 . Any claim can be transferred pursuant to § 13-101 unless it is (1) a claim for personal injury, (2) founded upon a grant or interest in real property which is void by state statute, or (3) otherwise expressly forbidden by a federal or state statute or contravenes public policy. N.Y. G.O.L. § 13-101. 9 . Plaintiffs do not bring any claims under the Trust Indenture Act or federal securities laws, which, unlike N.Y. G.O.L § 13-107, do not provide for the automatic assumption of a security seller's claims. See Bluebird Partners, L.P. v. First Fidelity Bank, N.A. New Jersey, 85 F.3d 970, 973 (2d Cir.1996) (finding § 13-107 is inapplicable to claims under Trust Indenture Act); In re Saxon Sec. Litig., 644 F.Supp. 465, 474 (S.D.N.Y.1985) (<HOLDING>). 10 . Relying on the Affidavit of Laurence 
 Holding statements: (A) holding that claims that debtor fraudulently induced claimants to retain debtors securities arise from the purchase or sale of those securities (B) holding that rule 10b4 claims were not automatically assigned to purchasers of securities (C) holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable (D) holding only purchasers and sellers of securities can recover under section 10b and rule 10b5 (E) holding that the securities act authorizes purchasers to maintain a suit in equity to rescind a fraudulent sale and secure restitution of the consideration paid

Answer:
(B)