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Chapter 12— Counteranalysis
Counteranalysis Techniques— Case Law
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Techniques—Case Law Reliance misplaced—key fact difference.
Reliance misplaced—rule of law/principle does not apply.
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Techniques—Case Law Court opinion is subject to different interpretation. Rule/principle adopted in opinion relied on is not universally followed.
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Techniques—Case Law Opinion presents several solutions—one being urged is not mandatory or is not best choice.
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Techniques—Case Law Position relied on no longer represents sound public policy. Other relevant cases do not support position adopted in the case.
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Chapter 12— Counteranalysis
Counteranalysis Techniques— Enacted Law
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Techniques—Enacted Law
Elements of statute are not met. Statute is sufficiently broad—different construction.
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Techniques—Enacted Law
Statute is misconstrued or does not apply. Statute relied on as a guide does not apply.
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Techniques—Enacted Law
Statute relied on is not adopted in jurisdiction. Interpretation of statute is unconstitutional or violates legislative act.
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Techniques—Enacted Law
Statute relied on is unconstitutional.
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