question archive Patricia has sued Dahlia for fraud (a state law claim) in Texas state district court
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Patricia has sued Dahlia for fraud (a state law claim) in Texas state district court. Under Texas law, a fraud claim has six elements. The parties have not conducted any discovery in the case yet. Dahlia is certain, though, that Patricia will not be able to produce any admissible evidence in support of the element of reliance. Dahlia files a motion to dismiss with the court, arguing that Patricia cannot produce admissible evidence in support of the reliance element, so the court should dismiss Patricia's suit. Patricia files a response to Dahlia's motion arguing that the case should go forward. If, after reviewing Dahlia's motion and Patricia's response, the judge agrees with Dahlia, the judge must grant Dahlia's motion and dismiss the case.
a)true
b)false
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