A few days ago
Anonymous

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.

Top 1 Answers
A few days ago
treasure

Favorite Answer

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.
1