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: 235, 239 (Fed.Cir.1988). On appeal, Mr. Baney does not challenge the Board’s determination that collateral estoppel bars his leave-related claims. We agree with the Board that Mr. Baney’s claims are barred by collateral estoppel because they challenge the same issues that Mr. Baney actually litigated and that were necessary to the decisions in previous proceedings. See, e.g., Baney v. Dep’t of Justice, 409 Fed.Appx. 319 (Fed.Cir.2010) (finding no USERRA violation for charging Mr. Baney with eleven and a half hours of AWOL in November 2008); Baney v. Dep’t of Justice, 263 Fed.Appx. 892 (Fed.Cir.2008) (finding no USERRA violation for charging Mr. Baney with 23 days of leave while on active military duty for 30 days); see also Baney v. Dep’t of Justice, 327 Fed.Appx. 895 (Fed.Cir.2009) (<HOLDING>). Accordingly, we affirm the Board’s decision 
 Holding statements: (A) holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant (B) holding that collateral attacks on bankruptcy courts jurisdiction are barred by res judicata (C) holding that the plaintiffs claims were barred by res judicata when the federal courts judgment was finalized by denial of his petition for certiorari (D) holding that mr baneys challenge to being charged with 208 hours of annual leave while on active military duty for 30 days was barred by the res judicata effects of our 2008 decision (E) 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

Answer: (D)


Question: that he was on S.L.’s property, and he admitted that he took cigarettes and a lighter from the patio table. According to the recorded statement that Andrus gave to Detective Le-wállen, after' entering S.L.’s garage, An-drus changed his mind about being on S.L.’s property and decided to leave. The evidence at trial shows that Andrus did not have permission to be on the property or in S.L.’s garage or breezeway. Given the circumstances proven by the evidence admitted during Andrus’s trial, the jury could have reasonably inferred from the evidence that Andrus, when entering the garage or breezeway, intended to commit theft under a standard of beyond reasonable doubt even if he later changed his mind - about committing a crime. See Mauldin v. State, 628 S.W.2d 793, 795 (Tex.Crim.App.1982) (<HOLDING>); Solis v. State, 589 S.W.2d 444, 446 
 Holding statements: (A) holding defendants plea to indictment alleging 8000 theft was not an admission to the theft amount (B) holding that against her will in the rape statute means without her consent and that the fact that the victim was under the age of consent was sufficient to establish that element (C) holding that the defendants entry into the building having been made in the nighttime without the consent of the owner is sufficient to show an intent to commit theft (D) holding that the plaintiff must show felonious intent to commit theft in order to establish a violation of section 8120141 (E) holding that the consent of the driver was invalid when the officer knew that the passenger was the owner of the automobile

Answer: (C)


Question: Raye Ellen Stiles appeals pro se from the district court’s summary judgment in her action alleging, among other claims, housing discrimination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo and may affirm the district court on any ground supported by the record. Crowley v. Nevada, 678 F.3d 730, 733-34 (9th Cir.2012). We affirm. Summary judgment on Stiles’ claims for intentional infliction of emotional distress, aggravation of preexisting conditions, and public humiliation was proper because she already litigated these claims in Arizona state court, and, thus, res judicata precludes her from bringing such claims in federal court. See Sunkist Growers v. Fisher, 104 F.3d 280, 283-84 (9th Cir.1997) (<HOLDING>). Summary judgment on Stiles’ federal claims 
 Holding statements: (A) holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities (B) holding that plaintiff had standing to bring a rico conspiracy claim despite his inability to bring a substantive rico claim (C) holding that while parents may not bring a title ix claim as individuals they may bring such claim on behalf of a deceased child (D) holding that under arizona law a litigant may not bring a claim identical to one she has previously litigated (E) holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea

Answer:
(D)