instruction:
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.
question:
unconstitutionally forecloses meaningful access to our state courts by not providing for de novo review by a district court following an adverse arbitration award. The right of access to the courts is one aspect of the right to petition the government for redress of grievances, as guaranteed by the First Amendment to the U.S. Constitution, and also is protected by the provisions protecting due process of law, as set out in the Fourteenth Amendment to the U.S. Constitution and in Article II, Section 18, of the New Mexico Constitution. Richardson v. Carnegie Library Restaurant, Inc., 107 N.M. 688, 696, 763 P.2d 1153, 1161 (1988); Jiron v. Mahlab, 99 N.M. 425, 426, 659 P.2d 311, 312 (1983); see also Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113 (1971) (<HOLDING>) (quoting Armstrong v. Manzo, 380 U.S. 545,
Holding statements: (A) recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense (B) holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner (C) holding that the constitution guarantees criminal defendants a meaningful opportunity to present a complete defense (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that constitution requires an opportunity granted at a meaningful time and a meaningful manner for a hearing appropriate to the nature of the case
answer:
(E)

question:
magistrate judge denied the motion, explaining that Mr. Schueller's subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm'cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge's order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo's motion for
Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court
answer:
(A)

question:
to build and repair the furnaces as promised under the warranty. This is precisely what Spectro claims in Counts 2, 6, and 10. There are cases in which a party may plead separate breach of contract and breach of warranty claims. See, e.g., Alcan Aluminum Corp. v. BASF Corp., No. 3:97-CV-1480-L, 2001 WL 1388872, *6, 2001 U.S. Dist. LEXIS 16807, *13-20 (N.D.Tex.2001) ("delivery of inferior goods or services equate to a warranty claim while delivery of nothing equates to a contract claim" and plaintiff "failed to establish that a genuine issue of material fact exists with respect to whether its breach of contract claim is distinct from its breach of warranty claims"); see also Reynolds Metals Co. v. Westinghouse Electric Corp., 758 F.2d 1073 (5th Cir.1985) (discussed at length in Alcan) (<HOLDING>); and see Rhode v. E & T Invs., Inc., 29
Holding statements: (A) holding that warranty claim accrued at tender where 180 day warranty on computer not a warranty for future performance as it involved a remedy only (B) holding that an agreement in which one party promised to make monthly payments to the other partys attorney as part of an asset sale contract was for the direct benefit of the attorney (C) holding that a warranty claim survived alongside a contract claim where a service was promised in addition to the sale of a good (D) holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed (E) holding that the state law contract claim alleged the same conduct as in the erisa claim and was therefore preempted
answer:
(C)