CHAPTER 13 COUNTERANALYSIS

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Presentation transcript:

CHAPTER 13 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 SUBJECT TO DIFFERENT INTERPRETATION RULE/PRINCIPLE ADOPTED IN OPINION RELIED ON IS NOT UNIVERSALLY FOLLOWED

TECHNIQUES--CASE LAW OPINION PRESENTS SEVERAL SOLUTIONS--ONE 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TECHNIQUES--CASE LAW POSITION RELIED ON NO LONGER REPRESENTS SOUND PUBLIC POLICY OTHER RELEVANT CASES DO NOT SUPPORT POSITION ADOPTED IN CASE

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