Identify Dispositive Language in a Provided Resource
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BAR EXAM · FLASHCARDS
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QUESTION
What is the effect of the phrase 'provided that' following a rule in a statute or contract?
QUESTION
What is the expressio unius canon?
QUESTION
What is the effect of the word 'notwithstanding' in a provision?
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ANSWER
The provision controls over the conflicting provisions it references. Drafters use it to establish priority among provisions.
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