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Source Privileges and Defenses Nevada Bar Exam Topic Index Matched to this deck.

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After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A client forwarded legal advice to a business partner before litigation. 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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Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. 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 Privileges and Defenses and apply it to the operative facts.

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