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Source Privileges and Defenses Complete Georgia Bar Exam Topic Index List 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. The disputed action was partly authorized but exceeded an important limitation. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements. 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. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits.

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