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One Way to Challenge or Attack a Legal Position or Argument

question 14

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One way to challenge or attack a legal position or argument based on a statute is to show that the statute relied on as a guide is so functionally different that it cannot be used as a guide to interpret the statute being analyzed.


Definitions:

Public Good

A good that is non-excludable and non-rivalrous, meaning it can be used by everyone and one person's use does not reduce its availability to others.

Private Good

A product or service that is consumable and excludable, meaning its use can be restricted to paying customers.

Pareto Optimal

A situation in the economy where optimizing the allocation of resources means that improving one person's situation leads to a decline in another's.

Public Goods

Goods that are non-excludable and non-rivalrous, meaning that individuals cannot be effectively excluded from use, and use by one individual does not reduce availability to others.

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