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Legal Concepts16Copyright © 2013 Pearson Education, Inc.73) Which of the following is true of undue influence in entering contracts?A) Undue influence need not require the overcoming of the innocent party's free will.B) Undue influence is not grounds for prosecution, as the innocent party has complete freedomto evaluate the terms of the contract.C) A contract that is entered into because of undue influence is not voidable.D) A fiduciary or confidential relationship must have existed between the parties for undueinfluence to be proven.

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Bastilla (North Carolina) gets into an accident with Revan (Florida) while on vacation in Costa Rica. Bastilla really wants to sue in North Carolina state court. In the meantime, she hires a private investigator named Carth to dig up dirt. Carth's research reveals that Revan had family drama and will be driving through North Carolina to his older brother Malak's house in Virginia to talk about their late father's will. It will be the first time Revan has ever set foot in North Carolina; he has no family or property there. Carth follows behind Revan's car and calls Bastilla when Revan stops for gas near Bastilla's house. Bastilla's process server drives to the gas station and serves Revan the complaint. Does an N.C. court have personal jurisdiction?A.TrueB.False

Ursula and Ariel form a contract for Ariel to sing at a concert. On the day of, Ariel decides to play Call of Duty and doesn't show up. Ursula has to cancel, costing her lots of money. When Ursula learns the truth, she goes on Twitter and says, "Don't call Ariel to sing at your concert; all she'll do is play Call of Duty." She then sues Ariel for breach of contract. At trial, both sides argue over whether Ariel appeared; Ariel fakes video footage showing her singing and claims she attended. Ursula calls witnesses testifying that Ariel did not sing and others who testify she texted them while playing Call of Duty. The jury rules in favor of Ursula, finding that Ariel never showed because she was playing video games. Subsequently, Ariel sues for defamation. Ursula argues that Ariel is issue precluded from arguing that she in fact appeared at the concert and that Ursula lied on her. True or false, Ariel is issue precluded from arguing that she appeared at the concert?A.TrueB.False

Timothy (North Carolina) is flying his light sports aircraft to go see the reality show "Civil Procedure Spouses of the Research Triangle" when Christina (District of Wyoming) and Joseph (Middle District of North Carolina) crash into him in midair. Both were texting and flying. Timothy parachutes out and starts working on a complaint soon after he lands and then sues in the Middle District of North Carolina. The defendants file a joint motion to dismiss for lack of venue, arguing that under 1391(b)(1), venue is lacking. Will the court accept the argument?A.No, because Joseph resides in the Middle District of North Carolina.B.Yes, unless the crash took place in the Middle District of North Carolina.C.Yes.D.Yes, unless Christina has minimum contacts with the Middle District of North Carolina.

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