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Legal Concepts61) Which of the following hold true in case of liquidated damages?A) For liquidated damages to be lawful, the actual damages must be precisely determined.B) Liquidated damages are enforceable even if actual damages are later determined to bedifferent.C) A liquidated damages clause is considered a penalty if actual damages are not determinable inadvance.D) If a liquidated damages clause is found to be a penalty, it continues to be enforceable.

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Larry Lawstudent borrows $500 from Metropolitan Bank, under the North Carolina Stafford Act, which is modeled on, and copies from, the Federal Stafford Act. Under the program, banks make loans to students under individual loan agreements with each student. The statute setting up the program includes a guarantee that, if the student defaults, and the bank cannot collect after diligent efforts, the state will use a grant from the federal government to assure payment of the outstanding balance. Larry defaults on his loan, and Metropolitan sues him for the amount due in North Carolina state court. Larry removes to federal court, asserting that there is federal question jurisdiction. Is there?A.Yes because there is a federal issue in the lawsuit.B.No unless Larry can argue that a federal statute excuses him from paying because of financial hardship.C.No because the bank's complaint is based on state law.D.Yes because the North Carolina Stafford Act is based on federal law.

Legal Concepts22) When one party takes specific action to cover a material fact from another party, fraud byenticement occurs.

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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