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Robby, who lives in San Diego, California, calls Bobby, who lives in Miami, Florida, on the telephone and threatens to break his nose. Which of

Robby, who lives in San Diego, California, calls Bobby, who lives in Miami, Florida, on the telephone and threatens to break his nose. Which of the following is true?
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Robby's conduct constitutes battery.
Robby's conduct constitutes assault.
Robby's conduct constitutes both assault and battery.
Robby's conduct does not constitute assault because there is no threat of immediate bodily harm.
Robby's conduct does not constitute assault because contact has not yet happened

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