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: is correct. We will also assume that the court’s erro umed error prejudiced him is that other evidence supports the finding that he was a manager or supervisor of the conspiracy. In the district court, Vasquez did not object to the PSR’s statement that he “recruited Wornick and Sella” into the conspiracy. Although the district court did not explicitly find that Vasquez recruited two of his co-conspirators, “[i]t is the law of this circuit that a failure to object to allegations of fact in a[PSR] admits those facts for sentencing purposes.” United States v. Wade, 458 F.3d 1273, 1277 (11th Cir.2006). And we have held many times that a defendant’s recruitment of co-conspirators supports a § 3B1.1 enhancement. See, e.g., United States v. Thomas, 446 F.3d 1348, 1355 n. 2 (11th Cir.2006) (<HOLDING>); United States v. Ndiaye, 434 F.3d 1270, 1304 
 Holding statements: (A) holding that the district court did not clearly err in finding that the defendant was an organizer leader manager or supervisor under  3bllc in part because the defendant actively recruited two individuals to transport drugs (B) holding that the district court did not clearly err in finding that the defendant was a manager or supervisor under  3bllb in part because he recruited accomplices (C) holding that trial court did not err (D) holding that a trial court did not clearly err in finding that an attorney fees clause materially altered a contract (E) holding that the district court did not clearly err in finding that the defendant was an organizer or leader under  3blla in part because he recruited coconspirators

Answer: (E)


Question: on behalf of’ MBC. The record also discloses that the contract makes no reference to MBC and was signed by Mullís as “Contractor.” The record further discloses that payments were made to Mullís, not MBC, and that the payments were deposited into Mullis’s personal account, not into MBC’s account in a separate bank. This evidence supports the trial court’s findings and its ultimate conclusion that Mullís was individually liable for any damages suffered by the Brennans. If Mullís wanted to act as agent for MBC and bind the corporation to the contract, he should have signed the contract in his corporate capacity. This would have had the effect of insulating him from liability. See Winkler v. V.G. Reed & Sons, Inc., 619 N.E.2d 597, 599 (Ind.Ct.App.1993), aff'd, 638 N.E.2d 1228 (Ind.1994) (<HOLDING>). Mullís, without any citation to authority, 
 Holding statements: (A) holding that the general corporate laws are incorporated into the corporate charter (B) holding defendants personally liable for alleged conversion even when acting in corporate capacity (C) holding that the plaintiffs were entitled to discovery to determine whether the defendant intended to be bound in his personal andor corporate capacity where the agreement contained certain personal guarantees by the defendant but where the defendant signed the agreement only in a corporate capacity with no signature blocks provided for signing in a personally capacity (D) holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract (E) holding that a corporate officer acting in his or her official capacity could not tortiously interfere with a corporate contract because corporations act only through their officers and agents

Answer: (D)


Question: whom, children live and spend their time is that courts can and often do award physical rights and responsibilities to the custodial parent, while awarding shared legal rights and responsibilities pursuant to the parties’ agreement, or even primary legal rights and responsibilities to the parent who is not assigned physical rights and responsibilities. See, e.g., Shea, 167 Vt. at 496, 712 A.2d at 888 (affirming order awarding physical rights and responsibilities to mother and legal decisionmaking relating to education and medical care to father). The kind of cooperation reflected and cultivated by an agreement to share legal rights and responsibilities is generally a good thing, and should be encouraged in appropriate cases. See Gazo v. Gazo, 166 Vt. 434, 443, 697 A.2d 342, 347 (1997) (<HOLDING>). ¶ 85. The kind of shared decisionmaking 
 Holding statements: (A) recognizing trial courts flexibility to fashion an award that keeps both parents involved in decisionmaking when such an award is in the best interests of the child (B) holding that cooperation between parents is essential if the arrangement is to be in the best interests of the child (C) holding that it is within the courts discretion to award both reinstatement and punitive damages for violation of  2114 although finding that the district courts decision not to award such remedies did not constitute an abuse of discretion (D) holding that when a parent asserts that an agreement is not in the best interests of a child the trial court must hold an evidentiary hearing (E) holding that an attorneys fees award is not appealable until the amount of the award is set

Answer:
(A)