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.
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Question: include the element that elevates the crime to a higher level." As we noted in State v. Bean, 153 N.H. 380 (2006), "[i]n Glanville, the State, although not required to do so under Johnson, attempted to charge the defendant with a specific variant of the crime allegedly attempted, but failed to accurately set forth that variant in the indictment." Bean, 153 N.H. at 384; see Johnson, 144 N.H. at 178. Indeed, Glanville recognized that all that was required "[t]o charge the defendant with attempted armed robbery, class A felony, [was for] the indictment ... to allege that the defendant (1) with a purpose to commit armed robbery, (2) committed acts constituting a substantial step toward the commission of that crime." Glanville, 145 N.H. at 634 (emphasis added); cf. Casanova, 164 N.H. at 566 (<HOLDING>). Accordingly, the indictment in this case
Holding statements: (A) holding that because statutory variants of an underlying crime are not elements of an attempt to commit the underlying crime jurors are not required to unanimously find which specific statutory variant the defendant intended to commit it is sufficient that they unanimously conclude that the defendant intended to commit any of the applicable statutory variants (B) holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred (C) holding that firstdegree murder is one crime although the defendant can commit the crime in several ways (D) recognizing that entrapment is a statutory defense rooted in the notion that congress could not have intended to criminally punish those who commit elements of crime but are induced by the government to commit the acts and that outrageous conduct defense is rooted in constitutional law (E) holding that an individual cannot attempt to commit murder of the second or third degree because the crime of attempt is a specific intent crime and an attempt to commit second or third degree murder would require proof that the individual intended to perpetrate an unintentional killing which is logically impossible

Answer: holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred

Question: without including a message of their own. "[T]here are commonsense differences between speech that does no more than propose a commercial transaction and other varieties." Va. State Bd. of Pharmacy v. Va. Citizens Consumer Council, Inc., 425 U.S. 748, 771 n. 24, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976) (quotations and citation omitted). Common sense dictates that the use of images of Plaintiff Bosley to sell video tapes, website memberships, or defendants' other wares, at most, constitute commercial speech. The Supreme Court has noted that "advertising which 'links a product to a cur rent public debate' is not thereby entitled to the constitutional protection afforded noncommercial speech." Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 67-68, 103 S.Ct. 2875, 77 L.Ed.2d 469 (1983) (<HOLDING>) "Thus, it seems that the Supreme Court will
Holding statements: (A) holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine (B) holding that information pamphlets are properly characterized as commercial speech (C) holding that first amendment protections apply to compelled speech as well as restrictions on speech (D) recognizing that noncommercial speech is accorded greater protection under the first amendment than is commercial speech and striking down ordinance that imposed a greater restriction on political than on commercial billboards (E) recognizing that code is speech

Answer: holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine

Question: 1152 ("The doctrine of alter ego does not rest upon a particular creditor's dealings with or reliance on the control entity, nor does the doctrine require a showing of fraud on a particular creditor."). 32 . 11 U.S.C. 304 (1994). 33 . In re Koreag, 961 F.2d at 348. 34 . See H.R.Rep. No. 95-595, 2nd Sess., at 324-25 (1977). 35 . In re Culmer, 25 B.R. 621, 624 (Bankr.S.D.N.Y.1982). 36 . 11 U.S.C. 304(c)(1)-(6) (1994). 37 . S.I. Acquisition, 817 F.2d at 1148; In re Davis, 191 B.R. 577, 586 (S.D.N.Y.1996) (compiling citations). 38 . S.I. Acquisition, 817 F.2d at 1147-48; Audio Data Corp. v. Monus, 789 S.W.2d 281, 286 (Tex.Ct.App.1990). 39 . Courts have noted, with curiosity, the different statutory language used in subsections (b)(1) and (b)(2). See, e.g., In re Koreag, 961 F.2d at 349 (<HOLDING>). 40 . 81 B.R. 267 (Bankr.S.D.N.Y.1988). 41 .
Holding statements: (A) holding that because property was no longer property of the estate the court could not order turnover (B) recognizing that exempt property ceases to be property of the estate (C) recognizing that congress per mits injunctions to be issued under subsection b1 regarding property involved in the foreign proceeding but subsection b2 only authorizes turnover of property of the estate leading to the conclusion that the two sections must perform different functions (D) holding that funds held in escrow are property of the estate only to the extent of the debtors independent right to that property (E) holding that determining the nature and extent of property of the estate is also a fundamental function of a bankruptcy court and therefore the turnover action is a core proceeding pursuant to 28 usc 157b2a

Answer:
holding that because property was no longer property of the estate the court could not order turnover