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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
resource. Power that is not exercised is not management or control even though in a legal sense the resource may belong in part or appertain to that party. While the Government is correct in their argument that there is not a double recovery until the total value of the damaged or injured resource has been recovered, a given trustee cannot recover more than what its stewardship is determined to be. To allow otherwise would create the undesirable situation of a race to the courthouse between co-trustees with the first in time being the first in right. Moreover, once a state, federal or other public trustee recovers such damages, res judicata would prevent a second trustee from recovering the same public losses. Alaska Sport Fishing Ass’n v. Exxon Corp., 34 F.3d 769 (9th Cir.1994) (<HOLDING>). Likewise, settlement would be discouraged by 
 Holding statements: (A) holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii (B) holding that the plaintiffs earlier claims of infringement by possession and its later claims of infringement by use of its source code arose from the same nucleus of operative facts and therefore the later claims were barred by res judicata (C) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (D) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (E) holding that the united states and the state of alaska as public trustees under the cwa and cercla could recover all lost use damages caused by the spill and that private claims for lost recreational use were barred under res judicata
answer:
holding that claims to the vsf benefits under various theories were barred by the res judicata effect of the state court judgment in castellano iii


question:
however, had received the full procedural due process to which he was entitled for the 1996 events to which the court was referring. The events, in fact, culminated in a decision and order of the Lincoln County Appeal Board calling for Pratt’s reinstatement. Defendants, therefore, are entitled to a summary judgment on this issue. Furthermore, because the LCPO has been dissolved, the issue of Pratt’s employment status, particularly after he was reinstated, is now moot. B. Constitutionally Protectable Property Interest Neither Exists In Pratt’s Job Duties Nor In Pratt’s Suspension When Such Suspension Is With Pay. [¶ 19] Pratt argues the defendants are not entitled to a qualified immunity because the defendants obstructed the reinstatement order of the Appeal Board -42 (4th Cir.1990) (<HOLDING>); Fields v. Durham, 909 F.2d 94, 98 (4th 
 Holding statements: (A) holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property (B) holding inmates possess a constitutionally cognizable property interest in the interest earned on money held in their prison accounts (C) holding that sovereign immunity does not protect the state from claims for statutory employment benefits that constitute a protected property interest (D) holding that constitutionally protected property interest in employment does not extend to right to possess and retain particular job or to perform particular services (E) holding parental rights are constitutionally protected fundamental interest
answer:
holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property


question:
in determining that Kaur failed to demonstrate changed circumstances in India to qualify for the regulatory exception to the time limit for filing motions to reopen. See 8 C.F.R. § 1003.2(c)(3)(ii). We lack jurisdiction to consider Kaur’s contention that the immigration judge did not advise Kaur of the relief available to her because she failed to raise that issue before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (<HOLDING>). PETITION FOR REVIEW DENIED in part; DISMISSED 
 Holding statements: (A) holding that this time requirement is mandatory and jurisdictional (B) holding that exhaustion of issues is jurisdictional (C) recognizing that exhaustion is mandatory and jurisdictional (D) holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement (E) holding that the ftcas exhaustion requirement is jurisdictional
answer:

holding that this time requirement is mandatory and jurisdictional