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Source Theft and Property Crimes Complete California Bar Exam Topic Index List Showing the closest available flashcard practice.

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0 tracked cards California Written Examination

The parties dispute the legal effect of a contested transaction. A testator signed a handwritten change after tearing part of an earlier will. The parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. 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 Elective Share and apply it to the operative facts.

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