A few days ago
What does “counter-factually” mean as used in the sentence below?
The Court must counter-factually determine the probable outcome on appeal had counsel raised the argument.
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A few days ago
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It means that the reality is that counsel did not raise the argument. And now, in spite of the fact that they didn’t raise the issue, the court must counter-factually (i.e. against facts) imagine that they had.
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