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Source Negligence Defenses Official Sources Matched to this deck.

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After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. The plaintiff ignored a known risk before injury while the defendant also breached a duty of care. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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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 Negligence Defenses and apply it to the operative facts. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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