instruction:
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.
question:
if the absence of sufficient evidence to the contrary ..."); Douglas by Kelly v. Bd. of Edu., 127 Ill.App.3d 79, 82 Ill.Dec. 211, 468 N.E.2d 473, 476 (1984) (finding that where a school's window pane fell on plaintiff while she was sitting at her desk, plaintiff was entitled to a directed verdict based on res ipsa loqui-tur); Moore v. Atchison, 28 Ill.App.2d 340, 171 N.E.2d 393 (1960) (finding that directed verdict for the plaintiff was proper where there was no direct evidence as to why two trains collided, even though the defendant showed that the equipment was properly inspected and in excellent working order, because the circumstances made the inference of negligence so strong that reasonable men could not reject it); Silvern v. Barbagallo, 195 N.Y.S.2d 32 (N.Y.Sup.Ct.1959) (<HOLDING>); Richard Equipment Corp. v. Manhattan Indus.
Holding statements: (A) holding that the injured passenger of a cab was entitled to summary judgment against the driver because the prima facie proof is so convincing that the inference of negligence is inescapable (B) holding the standard of proof in summary judgment rulings is the same as it would be at trial (C) holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence (D) holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case (E) holding that a prima facie case is subject to independent review
answer:
(A)

question:
the terms of the agreement as to the status of the donor in writing. After the mother and her partner ended their relationship, the sperm donor filed suit to adjudicate his parental rights. The court looked to the plain language of the Texas statute and determined that the sperm donor lacked standing to pursue the paternity action. See Tex. Fam.Code Ann. 160.702 (Vernon Supp.2006) ("A donor is not a parent of a child conceived by means of assisted reproduction."). The "do-it-yourself" manner in which the artificial insemination was conducted does not alter the fact that B.O.C. was a sperm donor under section 742.14. The statute does not require that the artificial insemination be performed in a clinical setting to apply. Compare McIntyre v. Crouch, 98 Or.App. 462, 780 P.2d 239 (1989) (<HOLDING>), with C.O. v. W.S., 64 Ohio Misc.2d 9, 639
Holding statements: (A) holding that where the donor nonpaternity statute did not explicitly reference physician involvement the statute applied even though the sperm was not provided to a physician (B) holding that writ was explicitly abolished by statute (C) holding that the title of the statute did not limit the reach of the statute (D) holding that where first amendment freedoms are not infringed by the statute a vagueness claim must be evaluated as the statute is applied to the facts of the case (E) holding that the statute as applied violates the commerce clause
answer:
(A)

question:
person's lawyer will not suffice."). Nonetheless, more recent cases in the Second Circuit interpret Rule 45's personal service requirement liberally where the type of service used "was calculated to provide timely actual notice." CareCore, 2008 WL 3833238, at *2 (noting that "nothing in the word 'delivering' [in Rule 45(b)(1) ] indicates personal service, and a personal service requirement can be unduly restrictive"); see also Cartier v. Geneve Collections, Inc., No. CV 2007-0201, 2008 WL 552855, at *1 (E.D.N.Y. Feb.27, 2008) (agreeing that " 'delivery' under Rule 45 means a manner of service reasonably designed to ensure actual receipt of a subpoena by a witness, rather than personal service"); Cordius Trust v. Kummerfeld, No. 99 Civ. 3200, 2000 WL 10268, at *2 (S.D.N.Y. Jan. 3, 2000) (<HOLDING>). Aristocrat first sought to serve individual
Holding statements: (A) holding that inhand delivery is not required under rule 45 so long as service is made in a manner that reasonably insures actual receipt of the subpoena (B) holding that because alternative service by means of certified mail reasonably insures actual receipt of the subpoena by the witness the delivery requirement of rule 45 will be met (C) holding that delivery of subpoena via federal express was sufficient because effective service under rule 45 is not limited to personal service (D) holding that service of a subpoena via certified mail is sufficient under rule 45 particularly when defendant does not deny actual receipt (E) holding the rule 4 requirement of delivery to the appropriate united states attorney required personal service not service by certified mail
answer:
(B)