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Factual Application11Copyright © 2013 Pearson Education, Inc.55) ________ occurs when the party knows what he or she is signing but has been fraudulentlybeen led into the contract.A) Fraud in the factumB) Fraud in the inducementC) Fraud by concealmentD) Misrepresentation of law
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- A landscaper from State A sued a homeowner from State B in a state court in State B.The landscaper is seeking $100,000 as compensation for tortious injuries caused by the homeowner's allegedly negligent acts in State B. The homeowner filed a notice of removal in the federal court in State B. The landscaper filed a motion to remand to the state court.Should the court grant the landscaper's motion to remand?A No, because the federal court may use supplemental jurisdiction to establish subject-matter jurisdiction.B No, because the federal court has subject-matter jurisdiction under the diversity statute.C Yes, because the homeowner is a citizen of State B, the state in which the action was brought.D Yes, because the notice of removal should have been filed in state court.