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.

Q: not reached a final decision on the merits, entitling a litigant to relitigate the issue. International Nutronics, 28 F.3d at 970-71 (antitrust claim against joint venture bidders could have been brought in pri- or bankruptcy proceeding, thus, claim was precluded in subsequent suit to avoid the sale); International Union of Operating Eng'r.-Employers Constr. Indus. Pension, Welfare & Training Trust v. Karr, 994 F.2d 1426, 1430 (9th Cir.1993) (in employee action to recover benefits from employer, employee's audit claim barred by res judicata because it could have been brought in prior proceeding). If litigants could bring a new suit whenever an issue was not previously litigated, no judgment would ever be final. See Ellingson v. Burlington N., Inc., 653 F.2d 1327, 1331 (9th Cir.1981) (<HOLDING>). The proper method to challenge the decision
Holding statements: (A) holding that the application of an extended statute of limitations to offenses occurring prior to the legislative extension where the prior and shorter statute of limitations has not run as of the date of such extension does not violate the ex post facto clause citing united states v powers 307 us 214 21718 59 sct 805 807 83 led 1245 rehg denied 308 us 631 60 sct 66 84 led 526 1939 (B) holding that an indemnitees settlement must be in an amount reasonable in view of the size of possible recovery and degree of probability of claimants success against the indemnitee quoting damanti v as inger 314 f2d 395 397 2d cir1963 cert denied 375 us 834 84 sct 46 11 led2d 64 1963 (C) holding that a change in law does not affect the res judicata effect of judgments citing chicot county drainage dist v baxter state bank 308 us 371 375 60 sct 317 319 84 led 329 rehg denied 309 us 695 60 sct 581 84 led 1035 1940 (D) recognizing nardone v united states 308 us 338 60 sct 266 84 led 307 1939 taint test as controlling authority (E) holding that due process forbids the use of a coerced confession irrespective of its truth as announced in jackson v denno 378 us 368 84 sct 1774 12 led2d 908 to be retroactive

A: (C)
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Q: (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

A: (A)
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Q: while Deputy Sizemore had his driver's license, appellant would have violated Code 46.2-104, which prohibits a vehicle operator from driving without a license. See Brown, 17 Va.App. at 697, 440 S.E.2d at 621 (under circumstances where police observed the defendant operating a motor vehicle, when an officer asked the defendant for his operator's license, the defendant "was no longer free to leave"). For these reasons, we hold that the trial court erred in denying appellant's motion to suppress. Accordingly, we reverse and dismiss appellant's conviction. Reversed and dismissed. 1 . Police officers do not violate the Fourth Amendment by approaching an individual in a public place and asking questions. Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1323-24, 75 L.Ed.2d 229 (1983)(<HOLDING>); Richards v. Commonwealth, 8 Va.App. 612, 615,
Holding statements: (A) holding that the fourth amendment was not implicated when an officer asked for passengers identification to see if he could drive a vehicle because the driver had a suspended license (B) holding that the defendant was not seized when two officers approached the defendant on a public street and asked him questions (C) holding that the defendant had been subjected to an illegal arrest when after detectives requested and did not return his airline ticket and drivers license he was asked to come with the officers from the concourse into an interrogation room approximately 40 feet away where his suitcases were searched (D) holding fourth amendment not implicated when police officers approached defendant who was standing outside of an airport terminal and asked to see his airline ticket and identification (E) holding fourth amendment not implicated when police officers asked defendant to see his airline ticket asked for identification and requested consent to search him

A:
(E)
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