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BAM 521 Final Exam- Business Law

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Question;Authors: Henry R. Cheeseman, University of Southern CaliforniaBAM 521 Business Law Text: Contemporary Business and Online Commerce Law Sixth Edition, 2009 ISBN: 10: 0-13-601500-X Publisher: Pearson Prentice Hall ----------Business Law Multiple Choice Questions (Enter your answers on the enclosed answer sheet) What was the U.S. Supreme Court's reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial? Because one of the defendants had been found guilty, then both should have been found guiIty. Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation. Because one of the defendants had been found not guilty, they both should have been found not guiIty. The decisions in both cases were thrown out, making it possible, though not mandatory, that one or both defendants would have to face another trial. 2) The followers of this school of jurisprudential thought are known as realists: the Sociological School. the Analytical School. the Command School. the Psychological School. the Critical Legal Studies School. The school of jurisprudence that believes that free market forces should determine the outcomes to lawsuits is: The Command School. The Sociological School. The Critical Legal Studies School. The Analytical School. The Law and Economics School. 4) Which of the following is an example of an equitable remedy? A remedy that may not be modified from its rigid prescribed form. A remedy fashioned by a chancery court fashioned to fit the particular situation. Any remedy granted by the merchant court. A remedy required to be approved by the law court. Any remedy issued by a judge. 5) Which of the following is true about the creation of courts in England? The different types of courts were created in order to handle different types of cases, but the remedies available to the different courts were the same. The law courts were created to allow remedies that could not be granted by the law courts. The equity courts were created to allow remedies that could not be granted by the law courts. The merchant courts were created in order to have more flexibility in fashioning remedies than the chancery courts. The law courts were created in order to have broader jurisdiction than the merchant courts. 6) Which of the following statements is true about treaties? Treaties are valid only if they do not conflict with a statute passed by Congress. The U.S. Constitution provides that the president, with the advice and consent of one-half of the Senate, may enter into treaties with foreign governments. The U.S. Constitution provides that the president, with the advice and consent of two-thirds of the Senate, may enter into treaties with foreign governments. The U.S. Constitution provides that the president, with the advice and consent of three-fourths of the Senate, may enter into treaties with foreign governments. Treaties are valid only if they do not conflict with a statute passed by Congress or any of the state legislatures. 7) A local zoning law is an example of which of the following? Statutes. Regulations. Executive Orders. Ordinances. Judicial mandates. 8) The process of critical legal thinking includes which of the following? A judge must specify the issue presented by the case. A judge must identify the applicable law for the case. A judge must identify the key facts in the case. A judge must apply the law to the facts to come to a conclusion that answers the issue presented. All the above involve the process of critical legal thinking. Betty believes that she has been discriminated against because of her sexual orientation. Although federal law does not prohibit this discrimination, Mary believes that the law should be changed in order to make the members of society more accepting of gay individuals. Mary's beliefs most closely correspond to which school of jurisprudence? Critical Legal Studies School. Sociological School. Natural Law School. Historical School. Psychological School. 10) In what year was the U.S. Constitution written?a. 1812. b. 1787. c. 1865. d. 1776. e. 1782. III For which of the following in the U.S. Congress can the number to which a state is entitled change over time? Neither senators nor representatives. Both Senators and representatives. All members of the U.S. Congress. Representatives. Senators. 12) In relation to freedom of speech: commercial speech receives no protection due to its profit motive. all speech receives the same degree of Constitutional protection. it is not an absolute right. commercial speech receives the same protection as any other speech or any person. most speech critical of the government can be restricted because such speech can be destabilizing. 13) Which of the following is true regarding obscene speech? Because the definition of obscene is so subjective, it cannot be restricted or prevented. Obscene speech and offensive speech receive the same degree of protection. Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection. It cannot be prevented, but can be subject to time, place or manner restrictions. The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected. Which of the following types of speech are unprotected meaning that they are not protected by the First Amendment and may be totally forbidden by the government? Speech that incites the violent or revolutionary overthrow of the government. Fighting words that are likely to provoke a hostile or violent response form an average person. Dangerous speech (including such things as yelling "fire" in a crowded theater when there is no fire). All the above are unprotected speech. None of the above are unprotected speech. Which of the following would be a violation of the freedom of religion protections in the U.S. Constitution? The government preventing the practice of unpopular or fringe religions. The government establishing a time in school for persons to practice the religion of their choice. The government promoting a religion as better than other religions. a and b only. a, band c. 16) Substantive due process requires that: a law treat all persons the same. a notice and hearing be given before one is deprived of life, liberty or property. a defendant not be tried twice for the same crime. a criminal defendant have an attorney present at all times. government statutes, ordinances and regulations be clear and not overly broad. Assume that the state of Colorado institutes a law requiring that persons from outside the state of Colorado take a skiing exam and obtain a skiing Iicense before bei ng a Ilowed to ski at a down hill resort on ru ns other than the beginner runs. The fee for this license is $75. Colorado residents are not required to get a license because most resident skiers learn to ski properly at an early age. This statute could be challenged under: the Equal Protection Clause. the Interstate Commerce Clause. the Privileges and Immunities Clause. none of the above because this is an intrastate commerce issue that does not unduly burden interstate commerce. a, band c. 18) The general jurisdiction trial court in the federal system is called the: United States Circuit Court. United States Inferior Court. United States District Court. United States Trial Court. United States General Court. 19) Which of the following is true? Very important cases are usually initially tried in the U.S. Supreme Court. In the federal court system, there are usually two levels of appeal by right. The U.S. Supreme Court chooses to review only half of those cases that it is asked to review. When a case is appealed, the appellate court usually holds a new trial. The U.S. Supreme Court chooses to review only a small fraction of those cases that it is asked to review. Which of the following is an example of concurrent jurisdiction shared by federal and state courts? Copyrights and trademarks. Bankruptcy. Federal questions. Patents. None of the above, each is considered exclusive federal jurisdiction. There will never be a dissenting opinion filed when the U.S. Supreme Court has issued atn). majority opinion. opinion written by the Chief Justice. unanimous opinion. tie opinion. plurality opinion. 22) The concept of in personam jurisdiction is that: the case has been filed at the correct location with the state. special requirements must be met in non-business cases involving individuals. a party has a personal stake in the outcome of a particular case. the court has jurisdiction over the property involved. a court has the power to make and enforce a judgment against a particular person. When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a: choice-of-law clause. jurisdiction selection clause. standings clause. venue selection clause. forum-selection clause. Two friends, Mary and Dean, are hiking in the Colorado mountains when a dog being walked by its owner, Wally, who is from Wyoming, bites Dean, causing injury. Mary was not disturbed physically or emotionally but wants Dean to sue Wally. Dean does not want to incur the cost. Which of the following is true? Whether Mary has standing depends on whether Mary files the suit in state or federal court. Mary has standing if Wally agrees she can sue instead of Dean. Mary will have standing only if she files the lawsuit in Wyoming. Mary does not have standing to sue Wally, the owner of the dog. Mary has standing if Dean consents to Mary filing the suit. 25) Which of the following are in the proper order from first to last filed? Reply, cross-complaint, answer, complaint. Answer, complaint, reply, cross-complaint. Complaint, answer, cross-complaint, reply. Complaint, cross-complaint, reply, answer. Complaint, reply, cross-complaint, answer. 26) In connection with the pleadings in a lawsuit, what is an answer? The response of the plaintiff to questions posed by the judge. The response of the defendant to questions posed by the judge. The response of the defendant to the plaintiff's complaint. The response of the judge to the plaintiff's complaint. Both a and b. Live testimony taken under oath before the trial is a discovery device known as a/an: intervention. deposition. interrogatory. arbitration. production of evidence. 28) What is "voir dire?" A discovery method to learn about the other party's case. The jury deliberation process in a trial. The U.S. Supreme Court's case selection process. A motion to dismiss a case. The jury selection process in a trial. 29) The decision made by an administrative law judge is called atn).a. verdict. b. order. c. finding. d. decree. e. judgment. Which of the following is an example of an executive power granted to an administrative agency? The power to investigate a violation of a statute or administrative rule. The responsibility to determine licensing requirements for pharmacists. The right to issue an interpretive rule. The right to adjudicate a case through an administrative proceeding. The right to issue a substantive rule. Brooke has fallen asleep on the beach. Eight guys, who are all friends of hers, get into a circle around her and one gets real close and screams, "snake" into her ear. When she jumps up screaming, they all start laughing at her. What tort, if any, have they committed? Battery. Negligent infliction of emotional distress. Assault. All of the above. None of the above. The doctrine that is applied when a defendant violates an existing statute intended to prevent the injury in question to persons of a class that includes the plaintiff is: negligence per se. concurrent statutory violation. proximate cause statute. res ipsa loquitur. negligence res ipsa. 33) A dram shop is another name for: a factory that illegally uses child labor. a pharmacy. a house of i II repute. a bar or tavern. a seller of second-hand goods. In Wilhelm v. Flores, involving a death from bee stings, which of the following sets forth the ruling of the Court of Appeals as to whether a defendant who hires a person to work with bees can be held liable for the failure to warn of the dangers involved? A defendant who had knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of some dangers, but the danger of anaphylactic shock is too remote for there to be a danger to warn about that. There is no liability for negligence when the unpredictability of animals, birds or bees is involved. Liability would only exist if the defendant was aware that the plaintiff knew nothing about bees and intentionally kept the dangers a secret. There could be no liability whatsoever since it is assumed that if a person agrees to work with bees, they are aware of the dangers. A defendant who has knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of dangers including the possibility of dying from anaphylactic shock. Bill and Sam get into a heated argument regarding over whether a political candidate has been guilty of fraud. Sam makes a fist and acts as if he is going to hit Bill. Bill is apprehensive of immediate harm, but Sam drops his arm before he actually hits bill and says he was just kidding. Sam also apologizes for any inappropriate behavior. For which tort or torts could Sam be held liable? Assault only. Assault, battery, and negligence. Battery only. Assault and battery. None of the above. Sam could not be held liable for anything because he said he was just kidding and apologized. The proximate cause requirement for a negligence tort is most likely not met where: a customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor. a patient becomes sick from a doctor carelessly prescribing the wrong medicine. the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur. a customer becomes ill from food that is carelessly packed at a processing plant. a driver injures a pedestrian when rounding a curve at twice the legal speed limit. Probable cause is most directly associated with which step of the criminal process? Arraignment. Plea bargaining. Arrest. Indictment. Jury deliberations. In Atwater v. Lago Vista, Texas, in which a mother sued for alleged violation of her civil rights after she was handcuffed and arrested for a seat belt violation, what did the U.S. Supreme Court decide? The mother's Fifth Amendment rights were violated by the unreasonable seizure of her person. The mother's Fourth Amendment rights were violated by the unreasonable seizure of her person. There was no violation of the mother's Constitutional rights. The mother's First Amendment rights were violated by the stop. There was no violation of the mother's Constitutional rights only because she struck the police officer before he arrested her. To find someone guilty of receiving stolen property, it is sufficient to prove that the defendant: was in possession of stolen property. took part in the wrongful taking of the property and intended to deprive the true owner of the property. knowingly received the stolen property and intended to deprive the true owner of the property. intended to keep the property himself. paid for the property and intends to keep it himself. 40) Which of the following statements is true? The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will. The Fifth Amendment guarantee against self-incrimination does prohibit the taking of fingerprints against a suspect's will. Even if immunity from prosecution has been granted, the defendant may still refuse to testify. The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment. The guarantee has been extended to include all business records and documents. In New York v. Berger, when a warrantless search of Berger's junkyard uncovered stolen vehicles and parts, Berger challenged the search and the Supreme Court said: warrantless searches are never valid unless the officer witnesses the crime being committed. closely regulated industries enjoy less privacy protection than other types of businesses. warrantless searches are allowed regarding all businesses but never against a citizen in their home. the expectation of privacy is the same regarding businesses and individuals. a statute can never provide a constitutionally adequate substitution for a war rant. 42) Miranda rights: are a combination of rights contained in the Fifth, Sixth and Eighth Amend ments. are all contained in the Sixth Amendment. are a combination of rights contained in the Fifth and Eighth Amendments. are a combination of rights contained in the Fifth and Sixth Amendments. are all contained in the Fifth Amendment. Which of the following is an effect of the Sony Bono Copyright Term Extension Act of 1998? Copyright protection was extended from 17 to 20 years. The length of val id ity for a corporate copyright was extended to be the same as for a copyright held by an individual. Copyright protection for music was extended so that it is now longer than that for other types of copyrighted material. Individuals were granted copyright protection for their life plus 70 years. Copyright protection was extended to computer programs. What was the result in the case in which James W. Newton, Jr. sued after the Beastie Boys used six seconds of a Newton composition in a song. The Beastie Boys use of Newton's composition did not constitute a fair use because a song was involved, and fair use is not a viable defense when a claim is made that portions of a song were illegally used. The Beastie Boys use of Newton's composition did not constitute a fair use because the Beastie Boys were attempting to profit off of Newton's composition. The Beastie Boys use of Newton's composition was unfair, and Newton did not have to prove damages in order to recover. The Beastie Boys use of Newton's composition was brief enough to be considered fair use. The Beastie Boys use of Newton's composition did not constitute a fair use because Newton could prove he suffered money damages because of the actions of the Beastie Boys. Willful copyright infringement can be punished with a statutory damage award up to:a. $150.000. b. $500,000. c. $100,000. d. $350,000. e. $250,000. Each of the following is a word that has lost its trademark due to generic use except:a. yo-yo. b. xerox. c. nylon. d. mimeograph. e. cornflakes. 47) Which of the following is true about the Paris Convention of 18837 It protects copyrights only. It protects patents and trademarks only. It protects trademarks only. It protects copyrights and trademarks only. It protects patents only.48) Kantian ethics is also known as: ethical relativism. social contract theory of mortality. utilitarian ethics. duty ethics. fundamental ism. In Pizza Hut, Inc. v. Papa John's International, Inc., which Pizza Hut sued Papa John's claiming that Papa John's slogan "Better Ingredients. Better Pizza" was false advertising, what was the Court's ruling? Papa John's had violated the False Advertising Act. The slogan was a statement of opinion, not a statement of fact upon which consumers would be justified in relying. The slogan was an example of "puffery" that is not actionable under the Act. Papa John's had violated the Lanham Act. Both band c. 50) The categorical imperative is an integral part of: moral minimum theory. Locke and Rousseau's theory of social contract. Kant's duty ethics. maximizing profit theory. Rawl' theory of social justice. The theory of business social responsibility that holds that a business has a duty to generally do good for society is: moral maximum. corporate citizenship. moral minimum. stakeholder interest. maximizing profits. Mary finds a wallet in the library that is filled with case. She would like to keep the money but decides to turn it in to the lost-and-found office because if it were her wallet, she would like the person who found it to do the same. Mary reached her decision in accordance with: Rawl's social justice theory. the categorical imperative. Kantian ethics. utilitarianism. moral maximum. Which of the following is not needed in all cases in order to have a valid contract? A signed written document. An agreement. A legal object. Consideration. Contractual capacity. How has the government role in contract regulation changed since the founding of the United States? There is less federal, but more state involvement today than in the past. There is less state and federal government involvement today than in the past. There is greater state and federal government involvement today than in the past. There is less state, but more federal involvement today than in the past. There is approximately the same degree of state and federal government involvement today as in the past. 55) Which of the following are two terms for the same concept or situation? Implied-in-fact contract and quasi-contract. Implied-in-Iaw contract and quasi-contract. Unilateral contract and informal contract. Formal contract and implied-in-Iaw contract. Implied-in-Iaw contract and implied-in-fact contract. The United Nations Convention on Contracts for the International Sale of Goods provides rules that govern: the enforcement of contracts. the formation of contracts. the performance of contracts. all of the above. none of the above. 57) Which of the following is not a formal contract? Negotiable instrument. Recognizance. Contract under seal. Letter of credit. New car purchase contract. 58) A contract can be formed: as a result of preliminary negotiations. by an offer made in jest. resulting from an expression of opinion. by an offer made in anger. in none of the above situations. 59) What is necessary in order for an offer to be effectively communicated? The offeree must learn of the offer, but this knowledge can come from any source. The offeror must communicate the offer to at least one offeree, at which point the offer will be considered to be communicated to anyone who later learns of the offer by any means. The offer must be communicated by either the offeror or the offeror's agent to the offeree. The offeror must personally communicate the offer to the offeree. So long as the offer is in writing, any party who learns of the offer's terms can accept it. The requirement that the terms of the acceptance be the exact same as those of the offer is the: promissory estoppel doctrine. mirror image rule. identical terms rule. counteroffer equals rejection rule. doctrine against offer modifications. 61) Which of the following is true regarding acceptance of an offer? Generally, an offeree must accept an offer by an authorized means of communication. The common law recognizes certain implied means of communication. The offer can stipulate that acceptance must be by a specified means of communication (e.g., registered mail). Most offers do not expressly specify the means of communication required for acceptance. All the above. Charlie is a contractor contacted by Hilda to discuss repairing termite damage to Hilda's home. The damage is so extensive that Charlie doubts the home can be saved. Hilda begs Charlie to try to repair the home. Charlie tells Hilda that he will do the best he can but cannot promise that the he will be successful. He will charge Hilda $60 per hour whether or not he succeeds. Hilda agrees to these terms. Which of the following is true in this situation? If Charlie encounters unforeseen difficulties Hilda will not be obligated to pay him. The doctrine of promissory estoppel will allow Hilda to recover from Charlie if he fails to repair the damage. This is a requirements contract because it states what each party is required to do. This is an illusory promise because Charlie is not obligated to repair the damage. This is a best efforts contract properly supported by consideration on both sides. When after reaching the age of majority a minor legally indicates that the minor intends to be bound by the terms of a contract entered into as a minor, the action is known as: ratification. restoration. reinstitution. reaffirmation. restitution. What is the effect on contract obligations of a person who is insane much of the time but who also has periodic lucid intervals of sanity? In order to avoid a contract, this person must not be in a lucid interval when making the decision to avoid a contract. All contracts entered into by such a person are void regardless of when they were entered into. Contracts entered into during a lucid interval cannot be avoided. All contracts entered into by this person will be voidable regardless of when they were entered into. A person who has lucid intervals can avoid contracts only after being adjudicated insane. In order for someone to avoid a contract on the grounds of intoxication, the level of intoxication must have been: so great that he didn't comprehend the nature of the agreement he was entering into. only high enough that he was able to notice it. so great that no reasonable person would have comprehended the nature of the agreement entered into. at or above the legal limit to operate a motor vehicle. at least as high as that of the other party. 66) What is an exculpatory clause in a contract? A clause that prevents one party from competing with the other party for a set period of time. A clause that releases a party from liability for that party's negligence. A clause that sets the penalties for a breach of the contract. A clause that negates a minor's ability to disaffirm a contract. A clause that says that an innocent party is entitled to extra damages to punish a breaching party. 67) What is an unconscionable contract? A contract where a strong party to a contract misused its power to create unfair contract terms. Any contract involving a minor or intoxicated person. A contract that was entered into with both parties being fully aware of its illegality. Any contract that is contrary to public policy. Any contract where the terms greatly favor one party. In Wells Fargo Credit Corporation v. Martin, what was the result when a paralegal misread her instructions and bid lower on some foreclosed property than she was supposed to bid, and someone else bought the property at auction? The paralegal was allowed to bid again for her company. The paralegal was allowed to take title to the land only if she matched the bid of the highest bidder. The paralegal was allowed to bid again only because she presented proof by a disinterested witness of her unilateral mistake. The auction was voided and conducted again because of the unilateral mis take of the paralegal. The person who made the highest bid, not the paralegal, was allowed to keep the land. What is the significance of requiring that a misrepresentation relate to a "material fact" in connection with a fraud in the inducement case? The misstatement must have been a significant factor in the plaintiff's decision to enter into the contract, and cannot relate to an opinion or prediction. The misstatement must not involve an issue of law. The misstatement can relate to any fact before or after the contract was formed. The misstatement must have been a correct statement at some point in the past. The misstatement must relate to the substance that the item is made of. 70) Which of the following best describes duress? A situation where one party has lied to the other to lead them to enter into a contract. A situation where a trust relationship has been violated in forming a contract. A situation where, after the contract was negotiated, circumstances have changed so that one of the parties is in a desperate circumstance and cannot reasonably perform. A situation where a party has improperly given the other party no alternative but to enter into a contract. A situation in which fraud has been committed by a third party to the contract. 71) What does" incorporation by reference" do in the context of contract law? Nothing as far as the Statute of Frauds is concerned because incorporation cannot be used to satisfy the Statute of Frauds. It has no legal significance. It makes separate writi ngs part of a contract's terms. It makes the Statute of Frauds inapplicable to the contract. It identifies the parties to a contract. Jack and Jill were discussing business over lunch when they agreed on the sale of some goods. Because neither of them had any paper with them, Jack wrote the following on a napkin: "Jill agrees to purchase from Jack, 1,000 widgets to be delivered on July 1, 2001, at a cost of $10,000, payable on delivery." Jill signed the napkin, although Jack did not sign it. Jack delivered the widgets per the contract, but Jill refuses to pay for them. If Jack sues Jill for the price of the goods, the most likely resu It is: Jack will win because the writing is sufficient under the Statute of Frauds. Jack will win because the Statute of Frauds does not apply to this situation. Jill will win because Jack did not sign the contract. Jill will win because there was no reasonable basis for her to believe there as an enforceable contract. Jill will win because this writing is not sufficient under the Statute of Frauds. When the government enters into a contract on behalf of a taxpayer, the taxpayer is usually what kind of beneficiary?a. Incidental. b. Creditor. c. Donee. d. Conditional e. Covenanted. What is the significance of a contract clause stating that "time is of the essence?" It means that performance by the stated time is an express condition. It means that the contract is ineffective if the time for performance is not expressly stated. It puts a duty on the parties to a contract to perform as soon as possible. It creates a legal goal for the parties. It means that if performance of the contract is completed within a short time of the stated time, it will be considered performed at essentially the proper time. John entered into a contract with Barb to restore Barb's antique Ford for $9,000. Because John owes his younger brother a large sum of money, John assigned, prior to notifying Barb of the assignment, his right to receive payment to his brother. John began the restoration, but quickly stopped working on the car. Because of this, Barb retrieved the car from John. Almost no restoration work had been performed. Which of the following is true in this situation? John's assignment of his right to payment without Barb's consent was improper and discharged John's duties under the contract. John's brother does not have a right to collect the $9,000 from Barb. Because of the assignment, John's brother was responsible for John's performance. As a resu It of the assign ment, Joh n 's brother is entitled to payment despite the fact that John did not perform the restoration. Barb is obligated to allow John's brother to complete the restoration if he so desires. Jana finds a home priced at $180,000 that she would like to buy. She is concerned, however, about her ability to get a loan. Accordingly, she and the seller reach agreement that Jana will buy the home if she can get a loan for $180,000 within 45 days. What type of condition is this agreement? An express condition. A concurrent condition. A condition precedent. a and c. a, b, and c. When an employee breaches a fixed-term employment contract by quitting before the end of the term, what can the employer recover as damages? All amounts already paid to the employee under the contract. Nothing, because courts do not order anyone to perform a job against his or her will. Only specific performance. Only amounts paid to the employee for which the employee has not yet done the work. The costs of hiring a replacement employee plus any increase in salary paid to the replacement employee. The doctrine that places a duty on a non-breaching party to take reasonable steps to reduce damages is called: garn ish ment. mitigation. liquidation. avoidance. reciprocal duties. Alice has a contract with a surgeon to have a medical procedure performed on July 17. The surgeon notifies Alice on July 5 that he is in the Bahamas and will be there until the end of August and will not be able to do the sur

 

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