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Factual Application13Copyright © 2013 Pearson Education, Inc.61) Which of the following is not actionable as fraud?A) misrepresentation of lawB) silence as misrepresentationC) marriage to obtain rights of immigrationD) identity theft

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Legal Concepts9Copyright © 2013 Pearson Education, Inc.47) When a party commits an anticipatory breach, the nonbreaching party ________.A) must wait until the performance was due before suingB) is immediately discharged from his or her own dutiesC) cannot seek damages because he or she received advance notice of the breachD) loses his or her right to sue after the due-date for performance is reached

Kathy wants to buy a house at least 2,5000 square feet in size. She looks at Pat's house. Pat believes the house has 2,600 square feet of floor space, and he tells her that. Kathy agrees to buy the house. When the house is measured, she learns that it has 2,400 square feet of floor space. Kathy can seek to rescind the contract on the basis of Pats.....

James Bond (Illinois) has had one martini shaken not stirred too many at a bar in Houston and begins to slur his speech and wobble. Seeing him belt out a song about how the world is not enough, Boris Grishenko (Texas), a police officer, swoops in and arrests Bond for public intoxication. On the ride to the police station, Grishenko stops by the office of the SPECTRE Times and calls out for a reporter to see Bond, and calls him a habitual drunk in the impromptu interview. When Bond becomes unruly and angry after the characterization, Grishenko drenches Bond with his special Goldeneye water gun, which ruins Bond's expensive suit. Bond sues Grishenko for a violation of civil rights in federal court under 28 U.S.C. §1983, a federal statute, and seeks $50,000 in damages. He also brings a $25,000 state law defamation claim. Which of the following is true?A.1367(b) does not bar supplemental jurisdiction because nobody was impleaded under Rule 14.B.There is not supplemental jurisdiction because 1367(b) bars supplemental jurisdiction over the defamation claim.C.There is supplemental jurisdiction under 1367(a) and there is no need to consider 1367(b).D.There is not jurisdiction over any claim because the amount in controversy is not met for either the federal or state law claim.

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