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:
(9th Cir.2003) (<HOLDING>).' Amara’s remaining contentions are 
 Holding statements: (A) holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice (B) recognizing that dismissal may be proper where plaintiff concedes the failure to exhaust (C) holding that dismissal of a pro se complaint for failure to state a claim should generally be without prejudice but if the plaintiff has been given an opportunity amend his complaint and fails to do so the dismissal may be with prejudice (D) holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking (E) holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter
answer:
(A)


question:
blood from 116 unrelated Korean individuals); Jeanne M. Hayes et al. & Maya Freund, “Arab Population Data on the PCR-Based loci: HLADQA1, LDLR, GYPA, HBGG, D758, Gc and D1S80,” 40 J. Forensic Sci. 888 (1995) (collecting ninety-four blood samples from unrelated Arabs); see also Pope, supra, 220 Ill.Dec. at 312, 672 N.E.2d at 1324 (finding that “[b]ecause the PCR polymarker systems are two allele or three allele, the FBI may rely on a smaller database. Thus, the PCR Caucasian database contains only 145 individuals”). Second, the trial court found that the underlying databases were reliable. In light of that finding, questions regarding the size of a database go to the weight of the evidence, not its admissibility. See People v. Adams, 195 Mich.App. 267, 489 N.W.2d 192, 198 (1992) (<HOLDING>), modified in part on other grounds, 441 Mich. 
 Holding statements: (A) holding that once an expert has passed rule 702s threshold of admissibility lingering questions or controversy concerning the quality of the experts conclusions go to the weight of the testimony rather than its admissibility (B) holding that allegations of tampering went to the weight of the evidence rather than to its admissibility (C) holding statistical conclusions admissible and questions regarding the size of a tests database goes to the weight not admissibility of the evidence (D) holding that in face of expert testimony that database was valid questions concerning size of database and statistical conclusions drawn from it went to weight not admissibility of evidence (E) holding that questions regarding size of fbis population databases was matter of weight once principle that frequency calculations could be made from an adequate database was determined to be generally accepted
answer:
(D)


question:
of the Property exceeds principal, interest and actual, reasonable attorney’s fees, the Trustee will be entitled to recover the difference from SB & T. On the other hand, if the actual value of the Property does not exceed principal, interest and actual, reasonable attorney’s fees, judgment will be for SB & T. The parties are directed to contact chambers to set the date for an evidentiary hearing. IT IS ORDERED. 1 . It is not clear that sending the notice under O.C.G.A. § 13-1-11 is required for an overse-cured creditor to recover actual, reasonable attorney’s fees only. See JP Morgan Chase Bank v. ELL 11, LLC, 414 B.R. 881, 884 (M.D.Ga.2008) (awarding attorney’s fees to creditor who failed to comply with O.C.G.A. § 13-1-11); In re Amron Techs., 376 B.R. 49, 51 (Bankr.M.D.Ga.2007) (<HOLDING>). 2 . In Welzel, the Eleventh Circuit allowed 
 Holding statements: (A) holding for oversecured creditor despite failure to comply with ocga  13111 (B) holding that dismissal for failure to comply with discovery orders is on the merits (C) holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice (D) holding failure to comply with  851b was harmless error in part because defendant did not comply with  851c procedures for challenging prior convictions (E) holding that an administrative agency is not subject to a contempt proceeding for failure to comply with an order
answer:

(A)