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.

Q: facts underlying the charges for which the defendant had been acquitted were an "integral and natural part of an account of the [defendant's] crimef.]" The same cannot be said for the facts at issue here, which relate to a seizure that occurred on an entirely different occasion. For that reason, we do not find either Agee or Solomon directly relevant to the present controversy. As a result, we will first examine the challenged evidence in light of the principles traditionally employed in evaluating challenges to evidence admitted pursuant to N.C. Gen. Stat. 8C-1, Rule 404(b), which focus on the similarity between the prior incident and the incident that underlies the current charges against the defendant. See Dowling v. United States, 493 U.S. 342, 348, 107 L. Ed. 2d 708, 717 (1990) (<HOLDING>). To be sure, the events of 10 February 2005
Holding statements: (A) holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case (B) holding that the estoppel doctrine did not apply because unlike the situation in ashe v swenson the prior acquittal did not determine an ultimate issue in the present case (C) holding that a prior acquittal does not preclude the admission of evidence of a defendants other alleged crimes in a prosecution for the bank robbery on the basis of collateral estoppel principles because the prior acquittal did not determine an ultimate issue in the present case (D) holding that a criminal acquittal does not have collateral estoppel effect on a later civil forfeiture proceeding based on the same conduct (E) holding that there is no need for a formal motion for a judgment of acquittal in a bench trial because the plea of not guilty asks the court for a judgment of acquittal

A: holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case
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Q: states that a lack of due diligence should not prevent a party from presenting the new evidence. See Restatement (Second) of Judgments 29 cmt. j (1982); see also Barker v. Brinegar, 346 N.J.Super. 558, 788 A.2d 834, 840 (2002) ("[T]he judge may consider diligence, or lack of diligence, ... [but] a lack of diligence does not require invocation of collateral estoppel particularly where, as here, plaintiff attempted to obtain Dr. Matthew's evaluation prior to the arbitration proceeding."). But see Klein v. Comm'r, 880 F.2d 260, 263 (10th Cir.1989) ("A party may not assert a change in controlling facts when the facts allegedly showing a change in circumstances could have been discovered in the exercise of due diligence."); Calcutt v. Comm'r, 91 T.C. 14, 25, 1988 WL 71262 (1988) (<HOLDING>). Having concluded that the fairness
Holding statements: (A) holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial (B) holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel (C) holding that nonconstitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding (D) holding that a workers compensation proceeding is a legal proceeding (E) holding that the party against whom collateral estoppel is asserted must have been a party to the prior action

A: holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial
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Q: a compelling state interest which justified a routine, administrative inventory search of the personal property on, or in the possession of, the arrestee at the station house following a lawful arrest. Pastos, 887 P.2d at 202. The Fifth Circuit Court of Appeals has also held that the application of the strict scrutiny test is a question of law. Woodland v. City of Houston (5th Cir. 1991), 940 F.2d 134, 138. In Woodland, the circuit court stated that the question of whether the city police department's interest in pre-employment polygraph testing outweighed the applicant's privacy interest was a question of law and should not have been submitted to the jury. Woodland, 940 F.2d at 138; see also Evans v. Romer (Co. 1993), 854 P.2d 1270, cert. denied 114 S.Ct. 419, 126 L.Ed.2d 365 (1993) (<HOLDING>)(citing Lafferty v. Cook (10th Cir. 1991), 949
Holding statements: (A) holding it is a question of fact (B) holding that generally the question of waiver and estoppel is a question of fact (C) holding that the question of whether an existing constitutional right is infringed is strictly a question of law (D) holding that the jurisdictional reach under section 955a is strictly a question of law (E) recognizing that whether a duty exists is a question of law for the courts

A:
holding it is a question of fact
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