Criminal Law 7th Edition by John M. Scheb – Test Bank
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Sample Test
Exam Questions
Chapter 3: Constitutional Limitations
on the Prohibition of Criminal Conduct
True/False:
1. In
terms of the criminal law, by far the most significant of Congress’s enumerated
powers is the power to regulate interstate commerce.
ANS: T
REF:
61 LO: 2
2. The
First Amendment to the U.S. Constitution prohibits Congress from adopting bills
of attainder.
ANS: F
REF:
62 LO: 3
3. A
legislative act convicting a person of a crime without benefit of a trial is
called an ex post facto law.
ANS: F
REF:
63 LO: 3
4. The
Bill of Rights of the U.S. Constitution has always been regarded by the courts
as protecting citizens against arbitrary and capricious actions of their state
and local governments.
ANS: F
REF:
64 LO: 4
5. Despite
the mandate of the First Amendment, public assemblies may be prohibited in
cases of clear and present danger to the public order or safety as long as
there is imminent lawless action.
ANS: T
REF:
67 LO: 5
6. State
legislatures have frequently passed statutes impinging directly on the freedom
of religion.
ANS: F
REF:
73 LO: 5
7. One
of the defects of a vague law is that it allows for arbitrary and
discriminatory enforcement.
ANS: T
REF:
77 LO: 7
8. A
person may not contest the validity of a law imposing restrictions on First
Amendment freedoms unless he or she has been charged with violating the law.
ANS: F
REF:
78 LO: 7
9. Although
there is no mention of “privacy” in the text of the Constitution, courts have
recognized a constitutional right of privacy in the areas of sex, reproduction
and family life.
ANS: T
REF:
81-85 LO: 10
10.
Criminal laws that infringe First Amendment freedoms are
subjected to strict scrutiny by the courts.
ANS: T
REF:
87 LO: 12
11.
Both federal and state courts exercise the power of judicial
review.
ANS: T
REF:
59 LO: 1
12.
Over the years the Supreme Court has incorporated nearly all the
provisions of the Bill of Rights into the Fourteenth Amendment, thereby making
these protections applicable to state and local governments.
ANS: T
REF:
65 LO: 4
13.
The Supreme Court has stated that obscenity is entitled to
constitutional protection as a form of free expression.
ANS: F
REF:
71 LO: 5
14.
The First Amendment allows government to criminalize the
utterance of “fighting” words—words that tend to incite an immediate breach of
the peace.
ANS: T
REF:
69 LO: 5
15.
In 2010 the Supreme Court refused to extend the Second Amendment
to the states via the Fourteenth Amendment.
ANS: F
REF:
65 LO: 6
16.
The two fundamental aspects of due process are fair notice and
fair hearing.
ANS: T
REF:
77 LO: 7
17.
The Fifth Amendment limits the degree to which legislatures can
require parties to report information to the government that can place them in
jeopardy of criminal prosecution.
ANS: T
REF:
79 LO: 8
18.
In 1962 the Supreme Court upheld a state law that made it a
crime for a person to be “addicted to the use of narcotics.”
ANS: F
REF:
81 LO: 9
19.
In 1965 the Supreme Court explicitly recognized a constitutional
right of privacy when it invalidated a Connecticut law proscribing the use of
birth control devices.
ANS: T
REF:
81 LO: 10
20.
The Fourteenth Amendment expressly forbids states from denying
equal protection of the laws to persons in their jurisdictions, but the Supreme
Court has held that the federal government is not under any obligation to
provide equal protection of the laws.
ANS: F
REF: 85-86
LO: 11
Multiple Choice:
1. In United States v. Lopez (1995),
the Supreme Court struck down a federal law that made it a crime for any person
to knowingly possess a firearm within close proximity to a __________.
1. military
base
2. school
3. federal
courthouse
4. minor
ANS: B
REF:
61 LO: 2
2. The
doctrine of implied powers was established by the Supreme Court in ________.
1. Marbury
v. Madison (1803)
2. Barron
v. Baltimore (1833)
3. McCulloch
v. Maryland (1819)
4. Texas
v. White (1868)
ANS: C
REF:
60 LO: 2
3. In
terms of the criminal law, by far the most significant of Congress’s enumerated
powers is power to regulate ________________.
1. interstate
commerce
2. science
and technology
3. law
enforcement
4. state
and local government
ANS: A
REF:
61 LO: 2
4. In United States v. Morrison (2000),
the Supreme Court _____________ a provision of the Violence Against Women Act
of 1994 that provided a federal civil remedy to victims of gender-motivated
violence.
1. upheld
2. struck
down
3. refused
to review
4. reinterpreted
ANS: B
REF: 61
LO: 2
5. Article
I, Section 8 of the U.S. Constitution enumerates Congress’s _________ powers.
1. legislative
2. judicial
3. remedial
4. executive
ANS: A
REF: 60
LO: 2
6. At
common law, ________ was the most heinous crime a person could commit. It was
in a category by itself, considered far worse than any felony.
1. blasphemy
2. witchcraft
3. treason
4. sedition
ANS: C
REF:
62 LO: 3
7. An ex
post facto law is a law that retroactively ____________.
1. makes
an innocent act illegal
2. increases
the punishment for a criminal act
3. decreases
the standard of proof required to convict a defendant of a crime
4. All
of these
ANS: D
REF:
63 LO: 3
8. A
legislative act convicting someone of a crime without benefit of trial is
referred to as _____.
1. an ex
post facto law
2. a
bill of attainder
3. a
writ of mandamus
4. a
subpoena
ANS: B
REF:
62 LO: 3
9. The
constitutional doctrine under which many of the provisions of the Bill of
Rights have been made enforceable against the states is the doctrine of
________________.
1. habeas
corpus
2. injunction
3. federalism
4. incorporation
ANS: D
REF:
65 LO: 4
10.
Ratified in ____, the Bill of Rights was designed to protect American
citizens from abuse of their liberties by the newly created federal government.
1. 1776
2. 1787
3. 1789
4. 1791
ANS: D
REF:
64 LO: 4
11.
The doctrine of incorporation has been employed by the Supreme
Court to enforce the guarantees of the ______________ against state and local
governments.
1. Bill
of Rights
2. Declaration
of Independence
3. Thirteenth
Amendment
4. none
of these
ANS: A
REF:
65 LO: 4
12.
Which of the following forms of expression is not protected by
the First Amendment?
1. A
magazine that has been determined to be obscene.
2. A
minister’s sermon delivered during a church service.
3. An
offensive speech by a member of the Ku Klux Klan.
4. The
expenditure of money by a candidate for public office.
ANS: A
REF:
70-71 LO: 5
13.
Which of the following practices has been held by the courts to
be protected by the Free Exercise of Religion Clause of the First Amendment?
1. polygamy
2. handling
of poisonous snakes in religious ceremonies
3. door-to-door
solicitation of money by religious groups
4. All
of these
ANS: C
REF:
73 LO: 5
14.
The Supreme Court has refined the clear and present danger
doctrine so that public advocacy may be prohibited only in situations when
there is ___________.
1. imminent
lawless action
2. actual
violence
3. a
possible public danger
4. obscenity
or profanity
ANS: A
REF:
67 LO: 5
15.
In Texas
v. Johnson (1989) the Supreme Court invalidated a Texas
statute banning ______.
1. profanity
in public
2. topless
dancing in bars
3. desecration
of the American flag
4. the
use of birth control devices
ANS: C
REF:
68-69 LO: 5
16.
In what has become a classic phrase, Justice _______________
observed that the “most stringent protection of free speech would not protect a
man in falsely shouting fire in a theater, and causing a panic.”
1. Oliver
Wendell Holmes Jr.
2. Hugo
Black
3. Charles
Evans Hughes
4. William
Brennan
ANS: A
REF:
67 LO: 5
17.
The ____________ doctrine has been used by state and federal
courts to reverse numerous convictions where persons have been prosecuted for
merely advocating illegal acts.
1. time,
place, and manner
2. clear
and present danger
3. in
loco parentis
4. substantive
due process
ANS: B
REF:
67 LO: 5
18.
In _______________ (1969), the Supreme Court has refined the
clear and present danger doctrine so that public advocacy may be prohibited
only in situations when there is imminent lawless action.
1. Cohen
v. California
2. Flast
v. Cohen
3. Schneckloth
v. Bustamonte
4. Brandenburg
v. Ohio
ANS: D
REF:
67 LO: 5
19.
____________ are “those personally abusive epithets which, when
addressed to the ordinary citizen, are, as a matter of common knowledge,
inherently likely to provoke violent reaction.”
1. Vagrancies
2. Slanders
3. Fighting
words
4. Torts
ANS: C
REF:
69 LO: 5
20.
_____________ refer(s) to any instance of hateful expression,
whether verbal, written or symbolic, that is based on racial, ethnic or
religious prejudice.
1. Hate
speech
2. Fighting
words
3. Obscenity
4. Profanity
ANS: A
REF:
70 LO: 5
21.
The ____________ Amendment provides that: “A well regulated
Militia, being necessary to the security of a free state, the right of the
people to keep and bear arms shall not be infringed.”
1. First
2. Second
3. Third
4. Fourth
ANS: B
REF:
76 LO: 6
22.
In Coker
v. Georgia (1977), the Supreme Court invalidated a provision
of a law that allowed capital punishment in cases of _________.
1. attempted
suicide
2. manslaughter
3. rape
4. treason
ANS: C
REF:
80-81 LO: 9
23.
In Griswold
v. Connecticut (1965), the Supreme Court invalidated a state
law proscribing _________ as applied to married couples.
1. the
use of birth control devices
2. assisted
suicide
3. deviate
sexual intercourse
4. none
of these
ANS: A
REF:
81 LO: 10
24.
It is now settled law that a competent adult with a terminal
illness has the right to ______.
1. commit
suicide
2. demand
that physicians administer life-ending drugs
3. refuse
medical treatment that would unnaturally prolong his or her life
4. unlimited
medical treatment at public expense
ANS: C
REF:
85 LO: 10
25.
At a minimum, a law that touches on any constitutionally
protected interest must be “rationally related to furthering a legitimate
government interest.” This is referred to as the ______________.
1. rule
of reason
2. rational
basis test
3. compelling
state interest test
4. clear
and convincing evidence doctrine
ANS: B
REF: 87 LO: 12
26.
Laws that infringe fundamental rights such as the First
Amendment freedom of speech are subjected to _________ by the courts, which
means that they are presumed to be unconstitutional.
1. minimal
scrutiny
2. judicial
restraint
3. strict
scrutiny
4. the
doctrine of saving construction
ANS: C
REF:
87 LO: 12
Completion:
1. The
U.S. Constitution limits the definition of _________, providing that it “shall
consist only in levying War against [the United States], or in adhering to
their Enemies, giving them Aid and Comfort.”
ANS: treason
REF: 62
LO: 3
2. A(n)
___________ law is one that retroactively (1) makes an innocent act illegal;
(2) increases the punishment for a criminal act; or (3) decreases the standard
of proof required to convict a defendant of a crime.
ANS: ex post facto
REF: 63
LO: 3
3. In a
series of decisions, the Supreme Court has held that the _____________ Clause
of the Fourteenth Amendment makes enforceable against the states those
provisions of the Bill of Rights that are “implicit in the concept of ordered
liberty.”
ANS: Due Process
REF: 65
LO: 4
4. The
Supreme Court has said that to be legally obscene, a particular work must
appeal to a prurient interest in sex, be _____, and lack serious scientific,
artistic, literary or educational value.
ANS: patently offensive
REF: 71
LO: 5
5. The
courts have held that the ___________ Clause of the Fifth Amendment to the U.S.
Constitution limits the degree to which legislatures can write statutes that
require parties to report information to the government that can place them in
jeopardy of criminal prosecution.
ANS: Self-Incrimination
REF: 79
LO: 8
6. In Robinson v. California (1962),
the U.S. Supreme Court, relying on the __________ Clause of the 8th Amendment
as it applies to the states via the 14th Amendment,
struck down a state law that made it a crime for a person to be “addicted to
the use of narcotics.”
ANS: Cruel and Unusual Punishments
REF: 81
LO: 9
7. In
the landmark case of _____________ (1965), the United States Supreme Court
struck down a state law that proscribed the use of contraceptives by married
couples.
ANS: Griswold
v. Connecticut
REF: 81
LO: 10
8. In
its 2003 decision in _________________, the U.S. Supreme Court struck down a
Texas law prohibiting private, consensual homosexual conduct.
ANS: Lawrence
v. Texas
REF: 84
LO: 10
9. In Loving v. Virginia (1967),
the Supreme Court relied on the ___________ Clause of the Fourteenth Amendment
in striking down a state statute that criminalized interracial marriage.
ANS: Equal Protection
REF: 86
LO: 11
10.
At a minimum, a criminal law that touches on constitutionally
protected interests must be “rationally related to furthering a ______________
government interest.”
ANS: legitimate
REF: 87
LO: 12
11.
Congress has used its enumerated powers, most notably the power
to regulate __________, as well as its implied powers to create a substantial
body of federal criminal law.
ANS: interstate commerce
REF: 61
LO: 2
12.
The U.S. Constitution narrowly defines treason to consist only
of levying war against the United States or giving _____________ to its
enemies.
ANS: aid; comfort
REF: 62
LO: 3
13.
A legislative acts imposing punishment without trial upon a
person deemed guilty of a crimes is known as a ___________________.
ANS: bill of attainder
REF: 62
LO: 3
14.
The Bill of Rights to the U.S. Constitution was ratified in the
year ______ to afford citizens protection against the new federal government.
ANS: 1791
REF: 64
LO: 4
15.
The Court has refined the clear and present danger doctrine so
that public advocacy may be prohibited only when there is ____________________.
ANS: imminent lawless action
REF: 67
LO: 5
16.
Government may impose reasonable _______________ regulations on
public assemblies but may not otherwise ban peaceful assemblies that do not
disrupt its government activities in the public forum.
ANS: time, place, and manner
REF: 67
LO: 5
17.
The ___________ Amendment protects the right “to keep and bear
arms.”
ANS: Second
REF: 65
LO: 6
18.
At a minimum, a criminal law that touches on a constitutionally
protected interest must be “rationally related to furthering a legitimate
government interest.” This is known as the ______________ test.
ANS: rational basis
REF: 87
LO: 12
19.
Criminal laws that infringe ____________ rights such as the
First Amendment freedoms of speech and press are judged by a more stringent
standard of review.
ANS: fundamental
REF: 87
LO: 12
20.
The _____________ doctrine is used to scrutinize broad criminal
laws that have the potential to intrude on freedoms protected by the First
Amendment.
ANS: overbreadth
REF: 78
LO: 7
Critical Thinking:
Consider this hypothetical. Mandy Muldoon was arrested by campus
police after she refused to leave the scene of anti-abortion demonstration on
the campus of Maudlin State University. Police informed Muldoon that
because she had not obtained a permit from the University, she had no right to
conduct the protest. They also indicated that the bullhorn she was using
was distracting students in a nearby classroom. After Muldoon ignored repeated
orders to cease and desist, she was arrested and charged with disturbing the
peace.
1. The
constitutional issue implicit in this hypothetical is one arising from the:
1. First
Amendment
2. Second
Amendment
3. Third
Amendment
4. Fourth
Amendment
ANS: A
LO: 5
REF: 72
2. Which
of the following statements is the most accurate?
1. Muldoon
will ultimately prevail in this case because her arrest was an obvious
violation of her constitutional rights.
2. A
university campus can never be considered a public forum; therefore Muldoon had
no right to protest there.
3. Like
other public entities, a state university can impose reasonable regulations on
the time, place and manner of demonstrations.
4. Because
this was an anti-abortion protest and abortion has been recognized as the
exercise of a constitutional right, Muldoon’s speech was not permissible.
ANS: B
LO: 5
REF: 72
The First Amendment begins with the injunction that “Congress shall make no
law . . .” Unlike certain provisions in the original, unamended Constitution,
the Bill of Rights makes no mention of limitations on the state and local
governments. Throughout much of the nineteenth century, the Bill of Rights was
viewed as imposing limitations only on Congress, having no effect on state
legislatures or local governing bodies. The Supreme Court officially adopted
this view in Barron
v. Baltimore (1833). NARREND
3. Under
this interpretation of the Bill of Rights:
1. there
was no legal recourse when citizens’ rights were infringed by state or local
governments.
2. states
were permitted to enact ex post facto laws
3. citizens
had to look to Congress for relief from adverse state or local actions
4. citizens
had to look to their state constitutions and state courts for protection
against state and local governments
ANS: D
LO:
4
REF: 65
4. The
position taken by the Supreme Court in Barron
v. Baltimore:
1. is
still good law today
2. was
overturned by Congress prior to the Civil War
3. was
nullified by the Supreme Court’s interpretation of the 14th Amendment
4. was
inconsistent with prevailing views of federalism in the early 19th century
ANS: C
LO: 4
REF: 65
Speaking for a unanimous Supreme Court in 1919, Justice Oliver
Wendell Holmes, Jr. observed that “the question in every case is whether the
words used are used in such circumstances and are of such a nature as to create
clear and present danger that they will bring about the substantive evils that
Congress has a right to prevent. . . .”
5. This
is the origin of the _________________ doctrine.
1. fighting
words
2. symbolic
speech
3. time,
place and manner
4. clear
and present danger
ANS: D
LO:
5
REF: 67
6. Justice
Holmes’ position:
1. makes
it impossible for the government to prosecute someone solely for their speech
2. represented
an absolutist interpretation of the First Amendment
3. has
been refined by the courts so that public advocacy may be prohibited only in
situations when it is likely to produce imminent lawless action.
4. was
ignored by the Supreme Court until 1969
ANS: A
LO:
3
REF: 27
In Papachristou
v. City of Jacksonville (1972) the Supreme Court struck down
an ordinance that prohibited various forms of vagrancy, including loitering and
“prowling by auto.” Writing for the Court, Justice
William O. Douglas objected to the “unfettered discretion” the ordinance placed
in the hands of the police, allowing for “arbitrary and discriminatory
enforcement of the law.”
7. Which
constitutional principle is involved in this case?
1. habeas
corpus
2. separation
of powers
3. due
process of law
4. the
right of privacy
ANS: C
LO:
7
REF: 77
8. This
decision is an application of the ______________ doctrine.
1. police
power
2. vagueness
3. enumerated
powers
4. fairness
ANS:
B
LO:
7
REF: 77
In Lawrence
v. Texas (2003), the Supreme Court struck down a Texas law
criminalizing private, consensual homosexual conduct. Writing for the Court,
Justice Kennedy asserted that the law intruded upon personal liberty and
autonomy without a sufficient justification. Dissenting, Justice Antonin Scalia
argued that the Court had undercut the foundations of other long-standing
criminal prohibitions such as those against incest, bestiality, and bigamy.
9. This
decision built on a line of cases involving:
1. the
right of privacy
2. equal
protection of the laws
3. freedom
of association
4. religious
freedom
ANS: A
LO:
10 REF:
83-84
10.
Which of the following statements is most accurate?
1. This
decision necessarily undermines laws dealing with incest and bigamy.
2. This decision
requires the legalization of same-sex marriage.
3. This
decision overturned a previous Supreme Court decision upholding sodomy laws.
4. This
decision calls into question the Court’s ruling in Eisenstadt v. Baird (1972).
ANS:
C
LO: 10
REF: 84
Essay:
1. How
have recent decisions of the Supreme Court interpreting the Commerce Clause of
Art. I, Sec. 8 affected congressional authority to define criminal conduct?
ANS: Responses will vary
REF:
61 LO: 2
2. What
type of political speech, if any, may be prohibited under Brandenburg v. Ohio?
Provide an example of such speech.
ANS: Responses will vary
REF:
67 LO: 5
3. Why
does Justice Douglas, dissenting in Miller
v. California, state that “obscenity cases have no business being
in the courts”?
ANS: Responses will vary
REF:
71 LO: 5
4. The
Second Amendment to the U.S. Constitution stipulates: “A well regulated
Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed.” Explain the reasoning of
the Supreme Court in DC
v. Heller (2008), in striking down a District of Columbia
ordinance that effectively created a complete ban on handguns within the
District.
ANS: Responses will vary
REF:
76 LO: 6
5. On
what constitutional grounds would a person likely challenge a local ordinance
that provided “no one shall appear on the public streets unless he or she is
clothed in ordinary street attire”?
ANS: Responses will vary
REF:
77 LO: 7
6. What
is meant by the “doctrine of overbreadth”? Give an example of a law that the
courts would likely consider as offending the doctrine.
ANS: Responses will vary
REF: 78
LO: 7
7. What
effect did the right of privacy announced in Griswold v. Connecticut (1965) have on
the Supreme Court’s reasoning in its subsequent decision in Roe v. Wade (1973)
invalidating state laws prohibiting abortions?
ANS: Responses will vary
REF:
81 LO: 10
8. Why
is the due process clause of the 14th Amendment
important with regard to substantive criminal law?
ANS: Responses will vary
REF:
65 LO: 4
9. Under
what circumstances can criminal statutes be challenged as violations of the
Equal Protection Clause of the 14th Amendment?
ANS: Responses will vary
REF:
85-86 LO: 11
10.
What test would a court apply in reviewing a statute that made
it a crime for a person to practice medicine without a license? Why would it
apply this particular test?
ANS: Responses will vary
REF:
87 LO: 12
11.
In recent years many advocates of civil liberties have turned to
state constitutions in an effort to vindicate rights of privacy. Why?
ANS: Responses will vary
REF:
81 LO: 10
Exam Questions
Chapter 5: Inchoate Offenses
True/False:
1. Under
the common law, the inchoate offenses were felonies.
ANS: F
REF:
119 LO: 1
2. Solicitation
was not recognized as an offense at common law.
ANS: F
REF:
122 LO: 1
3. Conspiracy
is now defined by statute in both federal and state jurisdictions.
ANS: T
REF:
123 LO: 1
4. Where
a substantive offense itself is defined as including an attempt, the defendant
should not be found guilty of an attempt to commit that offense.
ANS: T
REF:
122 LO: 3
5. The
crimes of attempt and conspiracy both merge into target offenses.
ANS: F
REF:
131 LO: 6
6. A
person who solicits another to commit a crime would not be found guilty of
solicitation if a police officer intervened and prevented the completion of the
solicited crime.
ANS: F
REF: 125
LO: 5
7. Legally,
solicitation is a more serious crime than attempt, regardless of the target
crime.
ANS: F
REF:
125 LO: 6
8. To be
found guilty of conspiracy, one must join the conspiracy at its inception.
ANS: F
REF: 130 LO: 6
9. Conspiracy
is a separate and distinct crime that does not necessarily have to merge into
the “target offense.”
ANS: T
REF:
131 LO: 6
10.
At common law, a husband and wife could not be found guilty of
conspiring with one another.
ANS: T
REF:
126 LO: 7
11.
Most American jurisdictions define the inchoate offenses by
statute, but their development has been primarily through the courts.
ANS: T
REF: 119
LO: 1
12.
To prevent a person from being punished simply based on intent,
laws defining criminal attempt often require an overt act that constitutes a
substantial step toward the commission of an offense.
ANS: T
REF:
119 LO: 2
13.
When it comes to proving criminal intent in a prosecution for an
attempted crime, most courts require the prosecutor to prove at least the level
of intent required for the target crime.
ANS: T
REF:
121 LO: 2
14.
Legally, there can be no attempt to commit a crime which, by
definition, embraces an attempt.
ANS: T
REF:
122 LO: 3
15.
An attempt that completes a substantive crime merges into the
target offense, making the actor guilty of the target crime but not also the
attempt.
ANS: T
REF:
121 LO: 3
16.
If the crime solicited is committed or attempted by the
solicitee, then the offense of solicitation ordinarily merges into the target
crime.
ANS: T
REF:
125 LO: 4
17.
In a solicitation case, the prosecution must establish that the
solicitor had the requisite intent for the crime solicited.
ANS: T
REF:
125 LO: 5
18.
Unlike criminal attempt, conspiracy does not merge into the
target offense; it remains a separate prosecutable offense.
ANS: T
REF:
131 LO: 6
19.
Wharton’s Rule holds that two people cannot conspire to commit a
crime such as adultery, incest, or bigamy because these offenses require only
two participants.
ANS: T
REF:
131 LO: 8
20.
One cannot be guilty of an attempt to commit a crime that is
factually impossible to commit.
ANS: F
REF:
122 LO: 10
Multiple Choice:
1. During
the 1800s, inchoate offenses were recognized as ____ by the English common law.
1. capital
crimes
2. misdemeanors
3. felonies
4. torts
ANS: B
REF:
119 LO: 1
2. The
most frequently charged inchoate offense is __________.
1. conspiracy
2. attempt
3. solicitation
4. none
of these
ANS: B
REF:
119 LO: 1
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