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I'm not sure if their is a consistent standard for how the language is interpreted.
1. I think it could be read either way. If you ask, "what does the opponent do?" - he discards. Discards what? He discards one card in hand "of them". Them is plural and if you have only one card does that exist? Basically you can't pick out "of them" if them doesn't exist. So the first sentence sets up a condition that the second setence picks out of. If the condition can't be set up then you can't pick out of it. Of course, I think you could also read it that you are picking between the good and evil card and if their is no evil (or good) card then your choice is limited to what is there. I'm not sure if their is a consistent standard for how the language is interpreted.
I would say yes to both. For the first one, you do as much as you can, and selection of both a good and an evil card is not a cost to be paid for forcing the discard.For the second one, if you attack with Jephthah, you can discard your top card even if no EC's in your opponent's territory to be targeted, but you can't then use him again. Same situation would apply here.