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Source Bench Memorandum Complete MPT and Lawyering Skills List Matched to this deck.

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While writing an objective memorandum, the examinee finds a Library case that is materially unfavorable to the client's likely position.
What is the best treatment of that case?

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Discuss the adverse authority candidly, distinguish it if the facts or rule allow, and explain how it affects the likely outcome. Refuse to reach a conclusion whenever adverse authority exists. Mention the adverse authority only by name without analysis. Put the adverse authority in the Statement of Facts instead of the legal analysis.

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