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.

[EX 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
[EX A]: (A)

[EX Q]: and onto her abdomen onee she submarined. He further indicated that Amanda's pelvic and leg injuries were caused by- her knees impacting the vehicle's dash panel. Mr. Lewis concluded that had Amanda not submarined and her seat not collapsed, she would not have sustained these injuries. Additional Evidence Amanda also introduced portions of Nissan's pre-trial discovery responses wherein Nissan admitted to disposing of its developmental test reports including any reports concerning crashworthiness, front passenger seatbelt spool-out, submarining, and the effectiveness of the Pathfinder's seatbelt systems. Mr. Whitman explained in detail why he believed that Nissan's record retention policy was a bad of our sister states. E.g., Stone Man v. Green, 263 Ga. 470, 435 S.E.2d 205, 206 (1993) (<HOLDING>). The undisputed evidence demonstrates that
Holding statements: (A) holding that punitive damages are as a general rule improper where a defendant has adhered to environmental and safety regulations (B) holding tcpa is remedial statute and that statutory damages are not punitive damages (C) holding that punitive damages are not allowed under the flsa (D) holding a court may not award punitive damages (E) holding that punitive damages are not fines
[EX A]: (A)

[EX Q]: the attack is facial, the court determines whether the allegations contained in the complaint are sufficient on their face to invoke federal jurisdiction, accepting all material allegations in the complaint as true and construing them in favor of the party asserting jurisdiction. See Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Where the attack is factual, however, "the court need not presume the truthfulness of the plaintiffs allegations." Safe Air for Everyone, 373 F.3d at 1039. In resolving a factual dispute as to the existence of subject matter jurisdiction, a court may review extrinsic evidence beyond the complaint without converting a motion to dismiss into one for summary judgment. See id.; McCarthy v. United States, 850 F.2d 558, 560 (9th Cir.1988) (<HOLDING>). Once a party has moved to dismiss for lack of
Holding statements: (A) holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction (B) recognizing that generally disputes between purchasers of a debtors assets and third parties are not within the bankruptcy courts jurisdiction but recognizing that disputes concerning the sale order itself may be sufficient for subject matter jurisdiction (C) holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction (D) holding that in a motion to dismiss for lack of subject matter jurisdiction a court may resolve disputed factual issues by reference to evidence outside the pleadings including affidavits (E) holding that under the advisory guidelines a district court should resolve factual disputes at sentencing by applying the preponderance of the evidence standard
[EX A]:
(C)