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Source Interpretation California Bar Exam Topic Index Showing the closest available flashcard practice.

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0 tracked cards MBE Multiple Choice

A person affected by government action files suit and challenges the legal basis for that action. A permit required a landowner to dedicate access unrelated to project impact. The facts support the doctrine in part, but a timing problem may limit the requested remedy. The parties disagree about the legal effect of those facts. What is the strongest reason for the likely result?

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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 Takings 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. 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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