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Source Exclusionary Rule South Dakota Bar Exam Topic Index Showing the closest available flashcard practice.

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The parties dispute the legal effect of a contested transaction. An out-of-state company repeatedly served forum customers and the lawsuit arose from one of those transactions. The facts are close, and both sides can cite a rule that appears favorable. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Personal Jurisdiction and apply it to the operative facts. 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.

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