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Source Contracts Clause Complete Constitutional Law List Showing the closest available flashcard practice.

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The Library contains one case supporting the client's requested injunction and another denying similar relief where the plaintiff protected only public customer identities. The opposing party will rely on the adverse case.
How should the persuasive brief use the adverse case?

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Quote both cases at length and let the court decide which one matters. Distinguish the adverse case using material differences in facts, legal standard, or procedural posture while explaining why the favorable authority better fits the record. Misstate the adverse case so it appears harmless. State that the adverse case is wrong and should not be followed, without explaining why.

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