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Source Derivative Actions South Dakota Bar Exam Topic Index Showing the closest available flashcard practice.

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A client matter turns on file facts and supplied authorities that point in different directions. A supervising attorney assigns a client matter with file facts and supplied authorities that point in different directions. A party offered a text message to prove both notice and the truth of the matter asserted. The parties disagree about the legal effect of those facts. Which analysis is most consistent with these facts?

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Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Reject the claim or defense solely because the opposing party disputes a required fact. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Hearsay Exemptions 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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