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0 tracked cards California Written Examination

The parties dispute the legal effect of a contested transaction. A lawyer learned confidential information from one client and then considered a related representation adverse to that client. 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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Reject the claim or defense solely because the opposing party disputes a required fact. 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 Supervision 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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