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Source Present Estates Wisconsin Bar Exam Topic Index Matched to this deck.

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The parties dispute the legal effect of a contested transaction. A deed transferred land to named children, but only if they graduate before a stated age. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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Import a rule from a nearby issue instead of applying the rule triggered by these facts. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Present Estates and apply it to the operative facts. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument.

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