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Courts & the Criminal Justice System in America, 3e (Siegel)
Chapter 1 Legal Foundations
1.1 Multiple Choice Questions
1) The earliest known example of a formal written legal code was the:
A) Declaration of Independence
B) Code of Hammurabi
C) Retributive Code of Romans
D) U.S. Constitution
Answer: B
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Basic
2) Which of the following requires a party to be held liable regardless of culpability?
A) Negligence standard
B) Tort
C) Strict liability standard
D) Law of succession
Answer: C
Page Ref: 20
Objective: Explain the nature of disputes.
Level: Intermediate
3) Which of the following refers to an action that violates a statute duly enacted by the
proper public authority?
A) Crime
B) Precedent
C) Civil action
D) Forfeiture
Answer: A
Page Ref: 21
Objective: Explain the nature of disputes.
Level: Basic
4) Which type of remedy requires one party to perform certain acts or refrain from certain
actions?
A) Monetary damages
B) Judicial discretion
C) Habeas corpus
D) Injunctive relief
Answer: D
Page Ref: 17
Objective: Explain the nature of disputes.
Level: Intermediate
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5) Which of the following refers to an agency or unit of the judicial branch of
government, authorized or established by statute or constitution, and has the authority to
decide upon cases, controversies in law, and disputed matters of fact brought before it?
A) Congress
B) Tribunal
C) Court
D) Senate
Answer: C
Page Ref: 2
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
6) Which of the following refers to rules promulgated by government agencies that have
been given their authority by the executive branch or legislative branch?
A) Administrative regulation
B) Social norms
C) Precedent
D) Stare decisis
Answer: A
Page Ref: 8
Objective: Outline the history and development of law and the courts.
Level: Intermediate
7) Which of the following refers to civil wrongs recognized by law to be grounds for a
lawsuit?
A) Inquisitorial system
B) Tort
C) Law of succession
D) Injunctive relief
Answer: B
Page Ref: 17
Objective: Explain the nature of disputes.
Level: Basic
8) Which of the following generally refers to formal rules, principles, and guidelines
enforced by political authority?
A) Norm
B) Precedent
C) More
D) Law
Answer: D
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Basic
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9) The ________ spell(s) out the rules and regulations adopted by federal agencies and
departments.
A) Twelve Tables
B) Code of Federal Regulations
C) Cooperative federalism
D) Dual court system
Answer: B
Page Ref: 8
Objective: Outline the history and development of law and the courts.
Level: Intermediate
10) ________ due process is concerned with protecting people's life, liberty, and property
rights.
A) Procedural
B) Preventative
C) Secondary
D) Substantive
Answer: D
Page Ref: 15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
11) A serious offense generally punishable by more than one year of incarceration is a(n):
A) Infraction
B) Corpus delicti
C) Felony
D) Misdemeanor
Answer: C
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Basic
12) Which refers to a prior action that guides current action?
A) Precedent
B) Stare decisis
C) Recidivism
D) Legal code
Answer: A
Page Ref: 7
Objective: Outline the history and development of law and the courts.
Level: Intermediate
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13) Which describes a justice system that pits two parties against each other in pursuit of
the truth?
A) Adversarial
B) Cooperative
C) Provisional
D) Mandatory
Answer: A
Page Ref: 15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
14) The process by which a court arrives at a decision regarding a case is:
A) Common law
B) Precedent
C) Adjudication
D) Oversight
Answer: C
Page Ref: 3
Objective: Outline the history and development of law and the courts.
Level: Basic
15) The degree of intent on the offender's part is:
A) Habeas corpus
B) Mens rea
C) Actus reus
D) Corpus delicti
Answer: B
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Intermediate
16) Which consists of the first ten amendments?
A) Preamble
B) Bill of Rights
C) Code of Federal Regulations
D) Declaration of Independence
Answer: B
Page Ref: 9
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
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17) In the United States we have a ________ that separates federal and state court
systems.
A) Double-ended system
B) Dual court system
C) Federalist state
D) Pluralist court system
Answer: B
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
18) Which describes a defendant's argument that they were somewhere else at the time of
the crime, making it impossible for him or her to commit it?
A) Mens rea
B) Alibi
C) Justification defense
D) Excuse defense
Answer: B
Page Ref: 23
Objective: Explain the nature of disputes.
Level: Basic
19) The formal practice of adhering to a precedent is:
A) Legal code
B) Social control
C) Stare decisis
D) Federalism
Answer: C
Page Ref: 7
Objective: Outline the history and development of law and the courts.
Level: Intermediate
20) Which of the following is NOT one of the four main functions of the court?
A) Resolving disputes
B) Creating public safety programs
C) Protecting individuals
D) Upholding the law
Answer: B
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
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21) A fact assumed to be true under the law is:
A) Stare decisis
B) Precedent
C) Presumption
D) Social norm
Answer: C
Page Ref: 10
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
22) Which doctrine requires that a crime must be committed in order to hold someone
liable for it?
A) Corpus delicti
B) Actus reus
C) Habeas corpus
D) Mens rea
Answer: A
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Intermediate
23) The rights of people to be free from unreasonable searches and seizures falls under
the ________ Amendment.
A) Second
B) Fourth
C) Tenth
D) Eighth
Answer: B
Page Ref: 13
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
24) Which system blurs the lines between federal and state power?
A) Law of Succession
B) Incorporation
C) Tort law
D) Cooperative federalism
Answer: D
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
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1.2 True/False Questions
1) Prior judicial decisions are often overruled.
Answer: FALSE
Page Ref: 7
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
2) The dual court system is advantageous and desirable because it parallels federalism.
Answer: TRUE
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
3) Higher courts can control the actions and decisions of lower courts, but not the other
way around.
Answer: TRUE
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
4) Constitutional rights ensure that people accused of criminal activity are not rushed to
judgment and treated unfairly.
Answer: TRUE
Page Ref: 11
Objective: Outline the history and development of law and the courts.
Level: Intermediate
5) Courts do not have the power to make binding decisions.
Answer: FALSE
Page Ref: 3
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
6) A presumption is a fact assumed to be true under the law.
Answer: TRUE
Page Ref: 10
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
7) Mens rea is the formal practice of adhering to precedent.
Answer: FALSE
Page Ref: 7
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
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8) The United States is believed to have a system of cooperative federalism.
Answer: TRUE
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
9) The law of succession is concerned with how property is passed from one generation
to the next.
Answer: TRUE
Page Ref: 20
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
10) Criminal courts generally resolve disputes between private parties.
Answer: FALSE
Page Ref: 17
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
11) Civil disputes are those between the government and an individual accused of
violating the law.
Answer: FALSE
Page Ref: 5
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
12) The Code of Federal Prudence spells out the rules and regulations adopted by federal
agencies and departments.
Answer: FALSE
Page Ref: 8
Objective: Outline the history and development of law and the courts.
Level: Intermediate
13) Constitutions define, in broad terms, government structure and organization.
Answer: TRUE
Page Ref: 9
Objective: Outline the history and development of law and the courts.
Level: Basic
14) The two main types of civil remedies are monetary damages and injunctive relief.
Answer: TRUE
Page Ref: 17
Objective: Explain the nature of disputes.
Level: Intermediate
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15) The Second Amendment prohibits cruel and unusual punishment.
Answer: FALSE
Page Ref: 14
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
16) The Declaration of Independence recognizes the "Creator" as a source of rights.
Answer: TRUE
Page Ref: 5
Objective: Outline the history and development of law and the courts.
Level: Basic
17) Social norms consist of informal and often unspoken rules concerning standards of
behavior.
Answer: TRUE
Page Ref: 5
Objective: Outline the history and development of law and the courts.
Level: Intermediate
18) The reason we have government courts is to deal with conflict in a civilized manner.
Answer: TRUE
Page Ref: 3
Objective: Outline the history and development of law and the courts.
Level: Intermediate
19) The earliest known example of a formal written legal code was the Twelve Tables.
Answer: FALSE
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Intermediate
20) Precedent refers to some prior action that guides current action.
Answer: TRUE
Page Ref: 7
Objective: Outline the history and development of law and the courts.
Level: Basic
21) Procedural due process is concerned with protecting people's life, liberty, and
property interests.
Answer: FALSE
Page Ref: 15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
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22) Inquisitorial systems place decision-making in the hands of one or a very few
individuals.
Answer: TRUE
Page Ref: 16
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
23) Common law refers to the laws of specific villages and localities that were often
enforced by canonical courts.
Answer: FALSE
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Intermediate
24) The Sixth Amendment suggests that court proceedings should be closed to the public.
Answer: FALSE
Page Ref: 14
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
25) Property law is concerned with matters of marriage, divorce, child custody, and
children's rights.
Answer: FALSE
Page Ref: 21
Objective: Explain the nature of disputes.
Level: Basic
1.3 Fill in the Blank Questions
1) Our system is ________ because it pits the prosecution and the defense against each
other in the pursuit of justice.
Answer: Adversarial
Page Ref: 15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
2) ________ are less serious offenses and are generally punished with less than a year of
incarceration.
Answer: Misdemeanors
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Basic
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3) With ________ defenses, defendants accept responsibility for the act they are charged
with, but they argue that the act was right under the circumstances.
Answer: Justification
Page Ref: 23
Objective: Explain the nature of disputes.
Level: Difficult
4) Courts help to reinforce social ________, informal and often unspoken rules
concerning standards of behavior.
Answer: Norms
Page Ref: 5
Objective: Outline the history and development of law and the courts.
Level: Intermediate
5) The United States has a ________ court system, consisting of state and federal courts.
Answer: Dual
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Basic
6) ________ law refers to laws of specific villages and localities that were in effect in
Medieval England, and that were enforced by canonical courts.
Answer: Special
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Intermediate
7) In general, ________ cases involve charges against an individual brought by a
government official.
Answer: Criminal
Page Ref: 27
Objective: Explain the nature of disputes.
Level: Difficult
8) ________ are civil wrongs recognized by law to be grounds for a lawsuit.
Answer: Torts
Page Ref: 17
Objective: Explain the nature of disputes.
Level: Intermediate
9) The doctrine of corpus ________ requires that a crime must be committed in order to
hold someone liable for it.
Answer: Delicti
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Intermediate
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10) The ________ Tables (450 B.C.) was the first secular written legal code.
Answer: Twelve
Page Ref: 6
Objective: Outline the history and development of law and the courts.
Level: Basic
11) State legal codes of interest to us are most often ________ codes.
Answer: Penal
Page Ref: 26
Objective: Outline the history and development of law and the courts.
Level: Intermediate
12) The Code of Federal ________ spells out the rules and regulations adopted by federal
agencies and departments.
Answer: Regulations
Page Ref: 8
Objective: Outline the history and development of law and the courts.
Level: Intermediate
13) The notion of "deciding upon" cases, controversies in law, and disputed matters of
fact is known as ________.
Answer: Adjudication
Page Ref: 3
Objective: Outline the history and development of law and the courts.
Level: Difficult
14) Before a person can be convicted of a crime, the prosecutor must prove ________
reus, that the person actually committed a criminal act.
Answer: Actus
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Intermediate
15) ________ regulations are rules promulgated by government agencies that have been
given their authority by the executive branch or legislative branch.
Answer: Administrative
Page Ref: 8
Objective: Outline the history and development of law and the courts.
Level: Intermediate
16) A(n) ________ is any action that violates a statute duly enacted by the proper public
authority.
Answer: Crime
Page Ref: 21
Objective: Explain the nature of disputes.
Level: Basic
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17) The most well-known presumption in criminal justice is the presumption of
________.
Answer: Innocence
Page Ref: 10
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
18) ________ is a system of government where power is constitutionally divided between
a central governing body and various constituent units.
Answer: Federalism
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
19) ________ rea is the degree of intent on an offender's part.
Answer: Mens
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Basic
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1.4 Matching Questions
Match the type of law to the correct description.
A) Law originating from usage and custom rather than from written statues
B) Any law of specific villages and localities that was in effect in medieval England and
that was often enforced by canonical courts
C) The category of civil law that is significantly concerned with the acceptable uses of
property such spelled out in zoning laws
D) The category of civil law that involves lawsuits to resolve unfilled obligations
between parties
E) The category of civil law that involves lawsuits to resolve civil wrongs
1) Common Law
Page Ref: 7-19
Objective: Outline the history and development of law and the courts.
Level: Basic
2) Special Law
Page Ref: 7-19
Objective: Outline the history and development of law and the courts.
Level: Basic
3) Tort Law
Page Ref: 7-19
Objective: Outline the history and development of law and the courts.
Level: Basic
4) Property Law
Page Ref: 7-19
Objective: Outline the history and development of law and the courts.
Level: Basic
5) Contract Law
Page Ref: 7-19
Objective: Outline the history and development of law and the courts.
Level: Basic
Answers: 1) A 2) B 3) E 4) C 5) D
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Match these descriptions of Bill of Rights Amendments with the correct Amendment.
A) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have
the Assistance of Counsel for his defense.
B) No person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offense to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
C) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
D) The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation and particularly
describing the place to be searched, and the persons or things to be seized.
E) All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States, nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws. [italics added]
6) Fourth Amendment
Page Ref: 13-14
Objective: Summarize the legal principles underlying the U.S. court system.
Level: Basic
7) Sixth Amendment
Page Ref: 13-14
Objective: Summarize the legal principles underlying the U.S. court system.
Level: Basic
8) Eighth Amendment
Page Ref: 13-14
Objective: Summarize the legal principles underlying the U.S. court system.
Level: Basic
9) Fourteenth Amendment
Page Ref: 13-14
Objective: Summarize the legal principles underlying the U.S. court system.
232
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Level: Basic
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10) Fifth Amendment
Page Ref: 13-14
Objective: Summarize the legal principles underlying the U.S. court system.
Level: Basic
Answers: 6) D 7) A 8) C 9) E 10) B
1.5 Essay Questions
1) Define and differentiate property law, tort law, family law, contract law, and criminal
law.
Answer: Property law is the category of civil law that is significantly concerned with the
acceptable uses of property, such as those uses spelled out in zoning laws.
Contract law is the category of civil law that involves lawsuits to resolve unfilled legal
obligations between parties.
Tort law is a category of civil law that involves lawsuits to resolve unfilled legal
obligations between parties.
Family law is a category of civil law that is concerned with matters of marriage, divorce,
child custody, and children's rights.
Criminal law focuses on the violation of criminal laws of the federal government, a state,
or local law.
Answers should address how each of these laws address different types issue within
society.
Page Ref: 16-22
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Basic
2) Explain the similarities and differences between civil and criminal law.
Answer: Civil law is concerned with disputes between private parties, while criminal
cases are often considered crimes against the government and are government-initiated.
Civil cases have punishments including monetary damages and/or injunctive relief, while
criminal cases often have an incarceration component in their punishment.
Both arose out of the need to maintain a safe and structured society and promote societal
norms.
Page Ref: 16-23
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
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3) Clarify and simply explain the 4th, 5th, 6th, 8th, and 14th Amendments and their
relationship to our Constitutional rights as they relate to the court system.
Answer: The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation and particularly
describing the place to be searched, and the persons or things to be seized.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have
the Assistance of Counsel for his defense.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States, nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws. [italics added]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
How these rights form part of the Bill of Rights and that many concepts were and are key
in developing the rules governing the court system and establishing due process.
Page Ref: 11-15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Intermediate
235
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1.6 Critical Thinking Questions
1) Why is our adversarial system of justice important in relation to the Bill of Rights?
Answer: The adversarial system of justice entails a system of opponents which creates an
environment of a winner and a loser. In this game the courtroom workgroup must play by
the rules and follow what is addressed in the Bill of Rights.
The idea that a number of key guiding legal principles exist to make sure that people are
adequately protected as they participate in the court process. Presumptions, like the
presumption of innocence, and safeguards, like those spelled out in the U.S. Constitution,
are of critical importance in a system of criminal justice. Presumptions and safeguards
protect the accused, as does our adversarial system.
Page Ref: 11-15
Objective: Summarize the guiding legal principles underlying the U.S. court system.
Level: Difficult
2) Describe the benefits and problems that are associated with having a dual court
system.
Answer: Benefits are the separation of federal and state courts. The federal power,
through the constitution, is limited and this allows states to have separate power over
many aspects within that state.
Problems can arise when lines of jurisdiction are blurred between the federal and state
government and the laws in each as well as conflicts between individual laws among the
different states. Additional benefits and problems of a dual court system may also be
addressed.
Page Ref: 4
Objective: Explain the purpose and functions of courts and the dual court system.
Level: Intermediate
3) Define and provide examples of actus reus, mens rea, and corpus delicti, and establish
why are these concepts important to criminal law.
Answer: Actus reus literally means "the criminal act". Mens rea literally means "a guilty
mind". Corpus delicti literally means "the body of crime". Examples will vary.
Must provide the idea that these are needed before the government can proceed in a
criminal conviction. And that the criminal act is not usually enough to obtain a guilty
verdict, and these concepts often address key issues of intent, liability, and presumption.
Page Ref: 22
Objective: Explain the nature of disputes.
Level: Basic
236
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