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Source Authentication Complete California 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. A contractor substantially performed but missed a certificate requirement before payment. One argument was preserved, while another was raised only later. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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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 Conditions and apply it to the operative facts. 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. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements.

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