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Chapter 12— Counteranalysis

Chapter 12— Counteranalysis. Counteranalysis Techniques — Case Law. Techniques — Case Law. Reliance misplaced — key fact difference. Reliance misplaced — rule of law/principle does not apply. Techniques — Case Law. Court opinion is subject to different interpretation.

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Chapter 12— Counteranalysis

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  1. Chapter 12— Counteranalysis Counteranalysis Techniques—Case Law

  2. Techniques—Case Law • Reliance misplaced—key fact difference. • Reliance misplaced—rule of law/principle does not apply.

  3. Techniques—Case Law • Court opinion is subject to different interpretation. • Rule/principle adopted in opinion relied on is not universally followed.

  4. Techniques—Case Law • Opinion presents several solutions—one being urged is not mandatory or is not best choice.

  5. Techniques—Case Law • Position relied on no longer represents sound public policy. • Other relevant cases do not support position adopted in the case.

  6. Chapter 12— Counteranalysis Counteranalysis Techniques—Enacted Law

  7. Techniques—Enacted Law • Elements of statute are not met. • Statute is sufficiently broad—different construction.

  8. Techniques—Enacted Law • Statute is misconstrued or does not apply. • Statute relied on as a guide does not apply.

  9. Techniques—Enacted Law • Statute relied on is not adopted in jurisdiction. • Interpretation of statute is unconstitutional or violates legislative act.

  10. Techniques—Enacted Law • Statute relied on is unconstitutional.

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