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. Rule/principle adopted in opinion relied on is not universally followed.

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

Techniques—Case Law Position relied on no longer represents sound public policy.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

Chapter 12— Counteranalysis Counteranalysis Techniques— Enacted Law

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

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

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

Techniques—Enacted Law Statute relied on is unconstitutional.