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| direct examination expert witness sample questions: The Trial Process J. Alexander Tanford, 2009 This book introduces students to the essential skills and bodies of knowledge required for competent representation of clients, including highly practical issues such as courtroom etiquette, the psychology of jury trials, ethical considerations, and trial tactics within a legal and procedural framework. Sample transcripts appear throughout the book to directly illustrate how to conduct various stages of a trial, such as voir dire, opening and closing statements, and direct and cross-examination. The accompanying documentary supplement for this book, Trial Practice Problems and Case Files, may also be used with any trial advocacy textbook that emphasizes skills and tactics. Part One of Trial Practice Problems and Case Files contains a basic series of problems derived from the case files contained in Part Two. Part Two has complete, self-contained case files for four criminal cases and three civil cases. When used for full trials, each case is designed to be evenly balanced so that both sides have realistic chances for favorable verdicts. The case files also provide an excellent basis for developing individual problems and exercises. A Teacher's Manual is available to professors. |
| direct examination expert witness sample questions: Maccarthy on Cross-examination Terence MacCarthy, 2007 Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire. |
| direct examination expert witness sample questions: The Art of Cross-Examination Francis Lewis Wellman, 1920 |
| direct examination expert witness sample questions: The A-Z Guide to Expert Witnessing Steven Babitsky, James Mangraviti, Alex Babitsky, 2006-01-01 The A to Z Guide to Expert Witnessing is the comprehensive work on expert witnessing. The topics covered include civil procedure, evidence, quali?cations, CV writing, forming and expressing opinions, report writing, testifying skills, marketing, fee setting, billing, collections, ethics, privileges, discovery, avoiding abuse and much more. It features 24 concisely written chapters, 26 appendices, hundreds of examples with easy to read summary head notes, priceless practice pointers and a detailed index. You will learn: * How to best connect with and persuade a jury * How to market yourself professionally and cost-effectively * Premium fee-setting, billing and collection techniques * Relevant rules of civil procedure and evidence, Testifying skills * Expert witness risk management, How to handle abuse by attorneys * How to maintain high ethical standards * How to bullet-proof your CV and written reports * How to meet challenges under Daubert * The limits of discovery and privilege * and much, much more Features: In the appendices you'll ?nd invaluable resources, which include: *A compendium of expert witness referral organizations, *A list of online and print directories, *A list of legal journals and other publications, *A list of forensic organizations, *A list of bar associations and other legal associations, *Model expert fee schedules, *Model fee agreements, *Model bills, and *A fee survey: what other experts are charging for their time |
| direct examination expert witness sample questions: Examining Witnesses Michael E. Tigar, 2003 This book covers virtually every type of witness and witness situation that a lawyer is likely to encounter. |
| direct examination expert witness sample questions: The Ultimate Guide to Social Media for Business Owners, Professionals and Entrepreneurs Chris Brogan, Bob Burg, Bryan Kramer, Jay Baer, Kim Garst, Jon Jackson, David Scott, Mark Schaefer, Jennifer Quinn, Sue Zimmerman, Tyler Anderson, 2018-12-06 #1 Best Seller and New Release in Multiple Categories (in first week)!This brand new book gives you 52 chapters of massive value shared by 47 top social media, business and communication experts. It's all you need to market your business and build your brand in 2019 on social media. You'll learn:1. The Right Social Media Mindset (10 chapters)2. How to Correctly Use Each Platform While Understanding Each Platform's Unique Personality (23 chapters)3. How to Effectively Communicate and Persuade on Social Media (19 chapters)The Ultimate Guide to Social Media for Business Owners, Professionals, and Entrepreneurs is going to change lives. I invite you to become part of this amazing journey and start using the tools, tips, and approaches in my book to create a global brand, top of mind awareness, and dominate your market.Success doesn't just happen. You must create it by taking consistent action. Start today. Mitch Jackson |
| direct examination expert witness sample questions: Economic/hedonic Damages Michael L. Brookshire, Stan V. Smith, 1990 |
| direct examination expert witness sample questions: Reference Manual on Scientific Evidence , 1994 |
| direct examination expert witness sample questions: Expert evidence in criminal proceedings in England and Wales Great Britain: Law Commission, 2011-03-22 This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority. |
| direct examination expert witness sample questions: Deposing and Examining Employment Witnesses Tod F. Schleier, 2007-10 To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.Mastering the art of questioning employment witnesses is a career-long process.It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy. |
| direct examination expert witness sample questions: Examining Witnesses Roger S. Haydock, John O. Sonsteng, 1994 |
| direct examination expert witness sample questions: Guide to Advocacy Stephen Jagusch, 2017-11-03 Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK. |
| direct examination expert witness sample questions: Fundamentals of Trial Techniques Thomas A. Mauet, Donald G. Casswell, Gordon P. MacDonald, 2001 This comprehensive text gives your students a sound methodology for trial preparation and reviews the thought processes a trial lawyer should utilize before and during each phase of a trial. Focusing primarily on jury trial, the authors cover the full range of topics from Jury Selection and Opening Statements to Objections and Trial Preparation and Strategy.--pub. desc. |
| direct examination expert witness sample questions: Cross-Exam and the Kitchen Sink Patrick Malone, 2016-01-24 |
| direct examination expert witness sample questions: Courtroom Preparation and Testimony for First Responders , 2002 |
| direct examination expert witness sample questions: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| direct examination expert witness sample questions: The Evaluation of Forensic DNA Evidence National Research Council, Division on Earth and Life Studies, Commission on Life Sciences, Committee on DNA Forensic Science: An Update, 1996-12-12 In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic toolâ€modifying some recommendations presented in the 1992 volume. The update addresses two major areas: Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero. Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search. The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticistsâ€and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book. |
| direct examination expert witness sample questions: The Expert Expert Witness Stanley L. Brodsky, Thomas G. Gutheil, 2016 In this extensive revision of his classic guide, Stanley Brodsky, joined by coauthor Thomas Gutheil, continues to educate and entertain mental health professionals who are called as expert witnesses, teaching them simple, effective strategies for direct and cross-examination. |
| direct examination expert witness sample questions: Trial Advocacy in a Nutshell Paul Bergman, Justin Bernstein, 2023 Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill. -- Publisher. |
| direct examination expert witness sample questions: A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration Ragnar Harbst, 2015-10-20 Mastering the art of witness examination is essential in order to prevail in international arbitration. Lawyers acting as counsel in arbitration know that witness evidence stands out from the plethora of documentary evidence in terms of uniqueness and authenticity. A vivid, first-hand live account of the events in issue exerts a strong influence on the arbitrators, and a handful of memorable testimonies can outweigh an avalanche of documents. This book shows how such mastery in the art of witness examination is accomplished. In the majority of today's international arbitrations, witness examination is modeled around the common law practice of lawyer-led questioning. Arbitration practitioners are therefore more and more expected to take charge of the examination process. Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The author describes such elements of witness evidence as the following: • differences between common law and civil law systems in regard to taking witness evidence; • techniques for interviewing witnesses and preparing witness statements; • question techniques for direct examination and cross-examination; • methods for developing forceful cross-examinations; • the boundaries of witness preparation; • preparing the witness for direct examination and cross-examination; • psychological risks of witness preparation; • guidelines for witnesses during direct examination and cross-examination. All topics are illustrated by way of practical examples, which also serve as a pool of useful model phrases and expressions. Practical appendices include ready-to-adapt sample documents, such as a procedural questionnaire, procedural rules and a witness statement. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation. However, any practitioner stands to gain from applying the book's practical guidance and the author's wise counsel. |
| direct examination expert witness sample questions: Cross Examination in International Arbitration Kaj I Hobér, Howard S. Sussman, 2014-03 A practical, self-teaching guide to effective cross-examination in international arbitration. Offers an introductory or quick-reference guide to essential cross-examination techniques and how they can best be best adapted to the arbitral format. |
| direct examination expert witness sample questions: McElhaney's Trial Notebook James W. McElhaney, 1987 All of the essays ... first appeared in Litigation--Page viii. |
| direct examination expert witness sample questions: New York Matrimonial Trial Handbook Joel Brandes, 2017 The New York Matrimonial Trial Handbook, by Joel R. Brandes, of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a how to book for lawyers. This handbook is a companion work to his treatise, Law and the Family New York, 2d (Thomson Reuters Westlaw), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. |
| direct examination expert witness sample questions: Depositions: The Comprehensive Guide for Expert Witnesses Steven Babitsky, 2007 The overwhelming majority of all testimony given by expert witnesses is given in depositions. Depositions: The Comprehensive Guide for Expert Witnesses shows expert witnesses how to excel during their depositions. You will learn: * The questions you should expect to be asked, * How to truthfully and artfully answer counsel's questions, * How to defeat opposing counsel's tactics, * Special techniques for excelling during videotaped depositions, * The law governing depositions and how to avoid abuse, * How to properly prepare for your deposition, * How to set and collect your fee, * Techniques for answering trick and difficult questions, and * Much, much more. |
| direct examination expert witness sample questions: Trial Tactics and Methods Robert E. Keeton, 2003-01 This text for law students gives a comprehensive discussion of the recurring questions of trial practice. Illustrative cases are used to raise issues and offer suggested answers. Rules and suggestions for effective trial advocacy, including ethical considerations |
| direct examination expert witness sample questions: Putting on Mock Trials Margaret Fisher, 2002 Mock trials help students gain a basic understanding of the legal mechanism through which society chooses to resolve many of its disputes. Participation in mock trials helps students to understand better the roles that the various actors play in the justice system. This handbook explains how to prepare for and conduct mock trials in the classroom and introduces simplified rules of evidence and includes a sample judging form. |
| direct examination expert witness sample questions: The Law of Evidence in Canada Alan W. Bryant, John Sopinka, Sidney N. Lederman, Michelle K. Fuerst, 2009 Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade. |
| direct examination expert witness sample questions: The Appraisal of Real Estate Appraisal Institute (U.S.), 1996 The 12th edition of this textbook has been revised and reorganized significantly for greater clarity, coherence and consistency. Coverage includes emerging issues such as the impact of automated valuation models on the appraisal industry; the new emphasis on extraordinary assumptions and hypothetical conditions in recent revisions of standards of professional practice; and important data sources. For both novice appraisers and established practitioners. c. Book News Inc. |
| direct examination expert witness sample questions: Deposition Checklists and Strategies T. Evan Schaeffer, 2017 Provides outlines and pattern questions to avoid missing valuable facts and improve discovery procedures. Includes summaries of primary law in every chapter, along with specific discovery questions for different types of deponents (i.e., experts, witnesses, doctors, other professionals, police, etc.). Also provides related discovery forms, such as interrogatories, requests to produce and admissions, and more. |
| direct examination expert witness sample questions: Strengthening Forensic Science in the United States National Research Council, Division on Engineering and Physical Sciences, Committee on Applied and Theoretical Statistics, Policy and Global Affairs, Committee on Science, Technology, and Law, Committee on Identifying the Needs of the Forensic Sciences Community, 2009-07-29 Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators. |
| direct examination expert witness sample questions: The Witness Stand Carlton Munson, Janet Vogelsang, 2013-10-31 Learn reliable techniques to prepare and present effective testimony! “Soon after leaving graduate school I was thrown to the courtroom wolves with no preparation. No social worker should have to go through that,” says Janet Vogelsang, author of The Witness Stand. Few colleges of social work prepare their students for the inevitable involvement with the courts entailed by their profession. This timely book provides you with a blueprint for presenting yourself as a competent and credible professional in court cases. This indispensable guide tells exactly what happens in court, how to counter common strategies for discrediting your profession, and what to do when your client's attorney is obnoxious. The Witness Stand emphasizes the biopsychosocial assessment as the essential tool for a social worker called on to testify in court. Its helpful features include sample forms and affidavits and actual court testimony. The end-of-chapter summaries can be used for rapid review and as a ”to do” checklist for preparing a court case. The Witness Stand offers practical, detailed advice on such matters as: how the legal system works how to handle contacts with attorneys and investigators what to do with documents and files how to prepare your testimony how to handle direct testimony and cross-examination how to define your social work expertise on the stand what to wear when you go to court The Witness Stand can help you deal with the anxiety-provoking complexities of the legal system. Instead of being confused or intimidated by legal arcana, you will be well-prepared, well-organized, and ready to present yourself as the confident, reliable professional you are. |
| direct examination expert witness sample questions: Basic Trial Techniques Roberto A. Abad, Blessilda B. Abad-Gamo, 2018 |
| direct examination expert witness sample questions: The Devil's Advocate Iain Morley, 2015 'The Devil's Advocate' brings a fresh approach to the do's and don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. |
| direct examination expert witness sample questions: The Examination of Witnesses in Court: Including Examination in Chief, Cross-examination, and Re-examination, Founded on The Art of Winning Cases, by Henry Hardwicke, Edward W. Cox, Frederic John Wrottesley, 2022-10-26 This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
| direct examination expert witness sample questions: Evidentiary Foundations Liz Heffernan, Edward J. Imwinkelried, Ray Ryan, 2008 Irish Law Based on the 6th edition of Professor Imwinkelried's authoritative American text, Evidentiary Foundations, and amended for the Irish market, this title is a practical guide which explains how the various evidentiary doctrines are applied on a daily basis in the Irish courts. Combining discussion of law and practice, the authors outline a step-by-step approach to laying the necessary foundations for the introduction of items of evidence. Using hypothetical examples, the title illustrates how the substantive rules of evidence convert into concrete lines of questioning in the courtroom. This is the first book of its kind on the Irish market and will provide invaluable practical guidance for practitioners and students of the law of evidence. |
| direct examination expert witness sample questions: What Makes Juries Listen Sonya Hamlin, 1985 |
| direct examination expert witness sample questions: Clinical Handbook of Psychiatry & the Law Paul S. Appelbaum, Thomas G. Gutheil, 2007 Thoroughly updated for its Fourth Edition, this award-winning handbook gives mental health professionals authoritative guidance on how the law affects their clinical practice. Each chapter presents case examples of legal issues that arise in practice, clearly explains the governing legal rules, their rationale, and their clinical impact, and offers concrete action guides to navigating clinico-legal dilemmas. This edition addresses crucial recent developments including new federal rules protecting patients' privacy, regulations minimizing use of seclusion and restraint, liability risks associated with newer psychiatric medications, malpractice risks in forensic psychiatry, and new structured assessment tools for violence risk, suicidality, and decisional capacity. |
| direct examination expert witness sample questions: Brandis and Broun on North Carolina Evidence Kenneth S. Broun, 1993 |
| direct examination expert witness sample questions: Improving Jury Understanding and Use of Expert DNA Evidence [electronic Resource] Jane Goodman-Delahunty, Lindsay Hewson, 2010 The use of DNA evidence in Australian courts has increased exponentially in the last two decades. DNA technology is well-validated and no longer the subject of defence challenges. Juror difficulties in understanding and applying the scientific and statistical information conveyed by forensic experts about a DNA match have been documented in qualitative and quantitative studies. |
| direct examination expert witness sample questions: Nichols on Eminent Domain Julius L. Sackman, 2006 |
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