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Source MPRE 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. Officials imposed a permit fee after predicting hostile counterprotesters. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Freedom of Speech and apply it to the operative facts. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits. Reject the claim or defense solely because the opposing party disputes a required fact. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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