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Source Claim and Issue Preclusion Complete South Dakota Bar Exam Topic Index List Showing the closest available flashcard practice.

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The parties dispute the legal effect of a contested transaction. Police found evidence after an unlawful stop but later obtained a warrant using partly independent facts. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. Import a rule from a nearby issue instead of applying the rule triggered by these facts. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Exclusionary Rule and apply it to the operative facts. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits.

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