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An MPT task memo asks for part of an appellee's brief defending an evidentiary ruling on appeal. The Library states that the ruling is reviewed for abuse of discretion and that reversal also requires prejudice.
How should the brief use the standard of review?

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Replace the standard of review with a fairness argument. Use the standard of review only if it favors the client. Mention the standard of review in a citation but organize the argument as if the appellate court were deciding the issue from scratch. Use the standard of review to shape the argument, emphasizing deference when defending a ruling and preserved legal error when seeking reversal.

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