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: or creating documents with mistakes on them and signing my name to them to make me appear as if I had been inaccurate .... ” Paragraph 25: The sentence “I confidentially complained about this behavior to Bruce Smith, who, instead of taking action to prevent Burchfield from continuing her pattern of behavior toward me, apparently told Burchfield to counsel me.” Paragraph 32: The sentence “I believe that this move was the beginning point of a concerted effort to remove me from the workplace based on my age.” Paragraph 36: The sentence “I believe that Albertson’s did not provide all of the time sheets from all vendors of temporary help.” Paragraph 37: The sentence “I believe that my combination of formal college education and experience, even though I did not obtain a co h Cir.1983) (<HOLDING>). With respect to paragraphs 22, 28, 34, 39, 
 Holding statements: (A) holding a single conversation to be sufficient evidence of dissolution to preclude summary judgment (B) holding that mere conclusion of affiant without some supporting facts are insufficient to raise fact issue necessary to preclude summary judgment (C) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (D) recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment (E) holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party

Answer: (D)


Question: the Chapter 13 Plan, and by selecting which exemptions, if any, the Debtor should claim on Schedule C, the Defendants engaged in providing legal advice to the Debtor in violation of § 110(e) of the Bankruptcy Code. “Advising of available exemptions ... or actually choosing an exemption for the debtor ... requires the exercise of legal judgment beyond the capacity and knowledge of lay persons.” In re Kaitangian, 218 B.R. 102, 110 (Bankr.S.D.Cal.1998). See also In re Dunkle, 272 B.R. 450 (Bankr.W.D.Pa.2002) (classifying and selecting exemptions violates § 110); In re Moffett, 263 B.R. 805 (Bankr.W.D.Ky.2001) (advising upon available exemptions violates § 110). Such business practice also constitutes the unlawful practice of law. See In re Bachmann, 113 B.R. 769 (Bankr.S.D.Fla.1990) (<HOLDING>). Pursuant to 11 U.S.C. § 110(Z)(1), the 
 Holding statements: (A) recognizing legal services organizations first amendment right of associating to advocate legal rights (B) holding that bpps may not engage in legal assistance make inquiries or answer legal questions (C) recognizing that inmates have no freestanding right to a law library or legal assistance (D) recognizing that courts may make reasoned adjustments in legal system (E) holding that many courts have recognized that an employer may make reasonable inquiries into the retirement plans of its employees

Answer: (B)


Question: written consent unambiguously agreeing to removal. See id. at *2, n. 1 (stating that “a majority of courts,..., have taken a strict approach and have held a representation by one defendant in the notice of removal that all defendants have consented to be insufficient, requiring instead that each defendant independently notify the court of its consent.” (internal citations omitted)). See also Ell v. S.E.T. Landscape Design, Inc., 34 F.Supp.2d 188, 194 (S.D.N.Y.1999) (stating that “unambiguous written evidence of consent” by all defendants is required.) Defendants contend that the court has discretion to keep the case because this is a non-jurisdictional defect and the Plaintiffs were not prejudiced by the delay in filing consent. See Gay v. Carlson, 1990 WL 20172 at *2 (S.D.N.Y.1990) (<HOLDING>). However, even though a defect in removal 
 Holding statements: (A) holding that removal was proper where the petitioning defendant stated that all parties agreed in its notice of removal and the petition was followed by the supplemental consent signed by each of the parties but filed outside the 30 day period (B) holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal (C) holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand (D) holding that amendment of removal petition was properly allowed to correct jurisdictional allegations in removal petition which were defective or faulty due to defendants failure to specifically allege the citizenship of the parties at the time the suit was brought and at the time the removal petition was filed missing allegation was not a fatal omission which could not be cured by amendment (E) holding that the absence in the notice of removal of copies of the summonses served on the defendants uncorrected until after the thirty 30 day removal period had expired violates 28 usc  1446a and bars removal

Answer:
(A)