One way to challenge or attack a legal position or argument based on a court opinion is to show that the opinion being relied on is not mandatory precedent and another court opinion allows for other possible positions.

Question

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This is a valid way to challenge a legal position or argument. The fact that an opinion is not mandatory precedent means that it does not have to be followed by other courts, and there may be other court opinions that allow for different positions to be taken.

One Way to Challenge or Attack a Legal Position or Argument