How to write a law brief
This construction makes clear to the reader who is to perform the duty. Below are links to two fairly recent winning briefs that John Derrick has filed. But keep your supervisor (and, if warranted, your client) updated on the status of your work. Aspen, 2010) "When faced with a fairly simple legal problem, all the IRAC elements may fit into a single paragraph. Many people do not need a lawyer to draft a basic Will. When you write an abstract, you are marketing your own work--you act as your own PR agent. Our sample case problem involves the tort of negligence, which is covered in Chapter 4 how to write a law brief A paragraph citation should be placed immediately following the sequential number assigned to the case.
The first part is going to be setting out each fact. give the judges a reasonable, justifiable basis for the court to do so Write short sentences. (Appellate briefs are public record documents. 02 Organize Your how to write a law brief Writing. Finally it will discuss the use of law in. Organization is the key to successful legal writing.
Your passion for the subject will carry through to your writing and will help generate support among other how to write a law brief people. Make sure your brief answer and discussion closely track your issues, using the identical numbering system. Create a Conclusion.. 36-37). d.
. That should be the starting point of any document that you are producing. After you’ve completed your legal research, but before you write your brief, pause, sit …. how to write a law brief Write Your Own Will. A brief is also like a puzzle piece May 30, 2011 · How to Write a Legal Brief. Make a record of everything that has happened in the cast up until now.
A persuasive brief be-. While emotion and personality are welcome in your essays, you addendum should be a statement A paragraph citation should be placed immediately following the sequential number assigned to the case. 2. How to Write a Legal Brief Legal Briefs Are Arguments. 6. Non-lawyers who have not spent their adult lives writing legal documents face an especially daunting task trying to draft a brief that will effectively convey their how to write a law brief arguments II. Analyse the Question.
You will, of course, return to it at the end of the process of writing, revising it in accord with your final analysis. This would be a narrative describing why the court had ruled the way it did.. Concurring and dissenting opinions hold lots of law professor Socratic Method fodder, and you can be ready by including this part in your case brief. WAY OF STARTING THE BRIEF . First, how to write a law brief he sets out a great pair of Questions Presented How to Write a Case Brief: Step By Step Guide Statement Facts.
Supreme Court brief. How to Organize Your Legal Case Brief First, the legal brief requires a title page. You know that, whether it’s a petition for certiorari, a brief in opposition, a merits brief, or an amicus brief, your product will be read by Supreme Court Justices and could eventually affect the law throughout the entire nation Given the more fully fleshed out short answer, the writer here has opted for a brief restatement of the ultimate conclusion. Your passion for the subject will carry through to your writing and will help generate support among other people. III. See full list on wikihow.com 40 Case Brief Examples & Templates ᐅ Template Lab templatelab.com/case-brief-examples Establish the rule of law or principle how to write a law brief of law used in the case. It is the key question the court has to decide in a field of law.
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Determine whether the brief is for an appeal or a petition for certiorari. When writing in a business context be sure to write with an eye toward the audience and the purpose.. Feb 27, 2020 · To do the job well, you will be devoting many hours to research, writing and lobbying on your bill. Also include dates of all reviews.. If your point on appeal rests on Florida common law, start with Florida cases Nov 20, 2019 · 7 Ways To Improve Your Legal Writing Skills 01 Remember Your Audience. Conclude by Summarizing. Landrum advises students to put the legal reasoning in their own words, since it will help them “understand and remember it better in the future.” In addition, she encourages students to see how law was applied to how to write a law brief the facts If the principle of law is basic and well understood by the court, a simple string citation to the relevant statute or case will suffice - making certain it is in good Blue Book format. The author of this article believes that the format for writing a legal brief can be effectively adapted to brief writing in grievance arbitration disputes WAY OF STARTING THE BRIEF . Nov 27, 2018 · The statement of facts section of a legal brief is as important as the legal argument and should not be overlooked.
Levin v. Here are some helpful tips for you: Find all the facts of the case and make an outline of them. The legal opinion should be written following a structure.. In each of these paragraphs, you should, if possible,. 3. You may also base the bill on your own personal experience or expertise In theory, every law school graduate should know something about how to write an effective appellate brief. For the brief to be persuasive, the points of fact and law need to be credible. It is a set of law. Also, do not comment upon the facts in the facts section or discuss how the law will apply to them Nov 18, 2013 · The best way to do this is not how to write a law brief with tricks and gimmicks, but with attention to the fundamentals of good legal writing One of the burdens that young lawyers in particular face is trying to get a product (whether it be letter, pleading, brief to a barrister or a submission) that will be signed off by their supervisor If there is any frustration in this process, it ordinarily doesn’t arise. How to brief a legal case?
Download Executive Summary Checklist. This section of the brief should be used to craft a coherent, relatable narrative that others would find persuasive and understandable.” - Handel Destinvil, Four Tips from Creative Nonfiction for Better Legal Writing. Rule. When lawyers and law professors talk about "a brief," they usually mean two separate things. 2 Dave, who had never been in trouble with the law, worked how to write a law brief full time as a manager for McDonalds. Conclude by Summarizing. Case law merely provides construction of the language of the statute. Select a topic that you believe in entirely. Apr 20, 2017 · Description Author: LegalYou Views: 12K Drafting Legal Documents, Principles of Clear Writing https://www.archives.gov/federal-register/write/legal-docs/clear-writing.html Principles of Clear Writing. Usually disability claimants hire a lawyer to write a prehearing brief, but if you have good writing skills, you can try to write your own. Title the brief. This is not a comprehensive citation reference work.
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Step two how to write a law brief is to state the relevant rule(s) of law that will apply in resolving the issue (R) Aug 27, 2012 · To win an appeal, your brief needs to: make the judges want to rule for your client rather than the opposing party; and. Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them Jul 24, 2013 · How to write a basic brief for the Paralegal profession. Find yourself a writing mentor or two Steps to briefing a case. 4) Summarize your conclusions up front. Oct 01, 2014 · That goes for turning in projects to impatient clients as well. 5. Before an attorney begins drafting a legal brief, Reply Briefing. State the names of the parties 5. If you filed a.
That is what governs. If there are no Florida cases on point, acknowledge this before discussing cases from other jurisdictions. Writing a legal statement will vary on the objective of its creation or the reason why you need to use one HOW TO WRITE A LAW A: The Secretary of the Interior should be required to give the applicant all money and property that has been held in trust for him and to issue any necessary. Subscribe to The New Yorker, The Economist, The New York Times and The Wall Street Journal. Dec 13, 2017 · Never write an introduction that is longer than 4-5 sentences. The Alabama Supreme Court Has Invited Defense Counsel to File Mandamus Petitions … And They Should Aug 12, 2019 · (Hope Viner Samborn and Andrea B. To make this determination, you will want to review carefully the text of the chapter in which the relevant rule of law for the problem appears. Put together the main issue or issues in the case and present them how to write a law brief in question form, Establish the rule of law or principle. One exception is if you have a great story to tell in the introduction which will hook the reader’s attention, go ahead.
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Every word you write should be tailored to the needs of the reader. Importance to class: While having all of the above will give you a complete brief, you may also want to make some notes on why the case is important relevant to your class. Procedural History. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper or attached to your brief. Writing a legal brief is difficult. Subsequent citations within the brief, memorandum or other document must include the paragraph number and sufficient references to identify the initial citation Aug 12, 2019 · Before a student can analyze a legal issue, of course, they have to know what the issue is. 1. how to write a law brief Although the Executive Summary is the most important part of any policy paper, it is often the most difficult to write Company Information: When writing an executive summary for an external audience, include your company name, a description of your mission or purpose, contact information, location, and the size and scale of your operations. In terms of document writing; a legal statement should be precise, specific and easy to understand. Going Against the Rules of Conventional Wisdom in Writing Briefs for “Longshot” Appeals. State the legal issue that you will analyze 4.
It can be a memo from a summer job, the writing competition note you submitted for the journals, a portion of a moot court brief, or part of a memorandum or …. The active voice eliminates how to write a law brief confusion by forcing you to name the actor in a sentence. In it, you can see several elements that helped elevate Levin’s petition to the granting of the writ. Aimee refused to get a job, and stayed home, drinking sherry and eating bonbons. . Legal documents often contain conditions which result in complex sentences with many clauses A brief is a written argument that a lawyer or party to a case submits to the court before presenting oral arguments summarizing the facts of the case as well as the legal reasoning behind their arguments. Figure out a sensible order to those thoughts, and outline them (the Architect). Analysis Paragraphs: Following your introductory paragraph, you should separate your A nalysis into individual, thematic paragraphs, hopefully corresponding to the list of factors that you articulated in your Explanation of the Rule above. Another path, to which the bar at the top of each major section provides ready access, is a topical index You will never write as good well as you read, so read seriously and for technique. Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! There are many different ways to brief a case.
After that, summarize the jurisdiction of the High Court or the …. Select a useful case brief format. 3 The sample brief is modeled after a recommended format for submitting a legal brief to an appellate court (supra, pp. A brief must identify the legal issues, present the … 67% (12) Views: 188K Author: Clinton M. Next, the facts need to be accurate From the UCLA School of Law Moot Court Honors Program: Sample Title Page Sample Brief 1 Sample Brief 2 Sample Brief 3 Sample Brief 4 Sample Brief 5 Sample Brief 6 Sample Brief 7 Sample Brief 8 Return to Moot Court Competition Page. Soofer, et al. If they start with a Credit, Pass or Fail mark in mind, it becomes incredibly difficult for the paragraphs that follow to bring the paper back up into the higher mark brackets Writing a law review note, or article that analyzes an how to write a law brief original legal issue, presents a hands-on opportunity for you to learn about legal scholarship, improve your chances of being selected for your law review’s executive board, and, if published, to build your resume Aug 01, 2013 · Students are usually expected to spend two hours of preparation – perhaps reading and writing briefs – for every hour of class in a given subject, such as torts or constitutional law Dr. Check for Plagiarism. Do not wait until you reach the argument section of your brief to begin arguing your case.
Same goes for the conclusion. A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client's position. Most writers use numbers for issues and lower case letters for sub-issues. Q: At what point should the applicant's tribal connection be severed? Dave had primary responsibility for Jessica, taking her to school Microsoft Word - Writing Samples - Statement of Facts.docx. No confidences are violated by their publication.) Sample appellant's opening brief — Habibi, et al. I strongly recommend the approach outlined below, referred to as CREAC, whereby you start your analysis of the legal issue by telling the how to write a law brief reader the conclusion that you have reached and then proceed to explain to the reader your rationale for how you reached that conclusion.. If you filed a legal motion with an accompanying legal brief, How to Write a Legal Brief | Legal Beagle legalbeagle.com/2057850-write-legal-brief.html Was this helpful?
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The Writing Process. Subsequent citations within the brief, memorandum or other document must include the paragraph number and sufficient references to identify the initial citation Feb 27, 2020 · To do the job well, you will be devoting many hours to research, writing and lobbying on your bill. The best appellate lawyers learned the basics in law school, and continue to hone their style throughout their careers. Nov 18, 2013 · Legal Drafting Requires Knowledge of your Audience. If the principle of law might not be understood by the reader, then a quote, or perhaps several quotes, may be needed Emphasize and amplify what IS important in your writing. Executive Summary Checklist. Address your prehearing brief to the judge who has been assigned to your case and send it to the Office of Disability how to write a law brief Adjudication and Review (ODAR) handling your case Your roommate is writing a research paper for an environmental science course, and you are writing a policy brief for a course on public policy. For the brief to be persuasive, the points of fact and law need to be credible.
Next, the facts need to be accurate. Legal Practice. . Its limited aim is to serve as a tutorial on how to cite the most widely referenced types of U.S. You’ll also need the page number (for case law) or the section number (for a statute) of any portion of the legal source that you want to quote in your brief. Sandvick, JD, PhD How to Write a Legal Brief | Legal Beagle https://legalbeagle.com/2057850-write-legal-brief.html How to Write a Legal Brief Legal Briefs Are Arguments. Lawyers, judges, and legislators employ this type of writing for laws, expression of rights, duties, and how to write a law brief other legal analysis Writing a brief: a template for briefing copywriters and designers Creating a clear brief will help any designer or copywriter to deliver work that meets all your expectations. For such purposes the table of contents provides one path to the relevant material. Issue. At other times you may want to divide the IRAC elements.. Writing A Legal Brief: Review Samples Of Other Briefs. Begin Your Brief with a Compelling Recitation of the Relevant Facts One of the most important guidelines for writing a persuasive brief is to start by telling your story.
HOW TO WRITE A LAW A: The Secretary of the Interior should be required to give the applicant all money and property that has been held in trust for him and to issue any necessary land patents. Remember that how to write a law brief the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. Dave had primary responsibility for Jessica, taking her to school Microsoft Word - Writing Samples - Statement of Facts.docx. v. Legal briefs are written arguments that set out Formats Vary Widely. Whether you're writing a research memo, an opinion letter or a brief, you'll need an up-front summary Aug 01, 2013 · Students are usually expected to spend two hours of preparation – perhaps reading and writing briefs – for every hour of class in a given subject, such as torts or constitutional law How to Write a Good Abstract for a Law Review Article. Copywriter and marketing communications consultant Mike Hadley explains the importance of …. Compared to other kinds of legal work, appellate briefs seem tidy and self-contained, with a predictable structure law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion).
Statutes, regulations, and case precedent), is another key. When lawyers and law professors talk about "a brief," they usually mean two separate things. Nov 28, 2017 · How To Write a Good Legal Memorandum As a Lawyer. Select a topic that you believe in entirely. how to write a law brief The term "legal brief" is used loosely to mean any type Organizing the Argument. You can find a link to Levin’s petition here. 4. As a general rule, 5-10 pages will be of sufficient length. 24) As a legal writer, it helps to have an assortment of qualifiers to acknowledge how certain or uncertain you are of the actual judicial outcome. For example, on the first page of your brief clearly and concretely frame your legal and factual issues in a single paragraph no longer than 75 words that ends with the question mark. A Few Tips on Using . Since you are not advocating for any side, you ought not color or characterize the facts as you would if you were writing a brief.
After setting aside the draft for some time, come back to it and edit it (the Judge) Your writing sample should be the best legal writing you have done. This is a particularly interesting article on writing by Judith Fischer, and well worth your time regardless of your brief writing skills. You should use the format that is most useful for your class and exam preparations. Include enough facts to provide necessary context to the reader Generally, if you are addressing more than one issue, separate the issues into separate, single sentence paragraphs, comporting to the advice above. T Williams – Writing the Grievance Arbitration Brief 7. Dec 13, 2017 · A simple 5 step guide on how to write effective and popular how to write a law brief legal articles - Career in Law 13 Dec '17 The legal geeks guide: from slave to king of the Internet - News and current affairs 10 Mar '10 National Treatment - Blawg-osphere 15 Feb '10. In some cases, the summary introduces the …. Department of Justice maintains an online database of more than 9,000 Supreme Court briefs spanning from 1985 to present How to write a Law Essay 1.
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Jot down why the case was included in your reading assignment (why it was important to …. If your circumstances are such that you will not leave a very large estate behind, and the beneficiaries are fairly straightforward, it is a simple matter to show you how to write a Will in 9 steps..Aimee refused to get a job, and stayed home, drinking sherry and eating bonbons. Yelin, Basic Legal Writing for Paralegals, 3rd ed. Introduction to Basic Legal Citation. Always keep your audience in mind when crafting any piece of writing 3. Aug 09, 2014 · Reasoning, where the how to write a law brief court applies the law (i.e. You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue well in any type of business writing, including legal writing.
When discussing case law, analyze it How to Write a Good Abstract for a Law Review Article When you write an abstract, you are marketing your own work--you act as your own PR agent. Moot court competitions do too. Aug 05, 2016 · Analysis: For an easy analysis, first set out the provision of the law and the law itself. . For practicing attorneys, "brief" is short for "appellate brief" or that 30-plus page bound document presented to an appellate court advocating the attorney's client's position on appeal A lawyer writing a brief in the United States Supreme Court need consult only one set of formal rules: the Rules of the Supreme Court of the United States, which became effective in its current form on how to write a law brief January 1, 1990. Law professors love to discuss the reasoning of a case in class discussions. Your conclusion can convey that you are completely confident the court will rule as you predict or that, given the state of the legal authority, the …. Nov 27, 2018 · Think of things you want to say—as many as possible, as quickly as possible (the Madman). judges writing opinions and lawyers writing briefs. With the outline as your guide, quickly write a draft (the Carpenter).
Before an attorney begins drafting a legal brief, Reply Briefing. A memorandum to a client must analyze the issues, report the state of the law, and recommend an appropriate course of action. For practicing attorneys, "brief" is short for "appellate brief" or that 30-plus page bound document presented to an appellate court advocating the attorney's client's position on appeal Dec 12, 2018 · Keep it simple and easy to understand by using these 12 basic how to write a law brief principles for writing an effective appellate brief: State the facts briefly; be complete yet concise. It will then move on to discussing the formulation of the legal opinion itself. Write legal arguments that reflect thoughtful and sound. Jan 19, 2020 · To write a law essay, start by writing a thesis statement on your chosen topic. Sample Issue Statement: (Misappropriation of trade secret). The final section offers the author's conclusion, which should logically arise from the previous discussion section. First, a distinction.
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Then the writing needs to be easily understood, and last of all, the sequence of presenting the facts should be one that supports your arguments, and not simply the chronology of events (Modeled after a brief writing checklist prepared by Professor Janet Calvo, CUNY School of Law) I. It will be a reference tool when you are drilled how to write a law brief by a professor and will be a study aid when you prepare for exams. You've already done the work of writing your article, and now you must do the good work of presenting your research Lite-style to articles editors Write the name of the person who is responsible for the task. After you answer these questions and begin writing your document, refer to the following checklist as you develop the executive summary. Create the Body of the Essay. INTRODUCTION While convention dictates that certain items be included in the introduction to the brief, it is important to remember that the basic purpose behind the introduction is to add background and clarity to the arguments themselves Nov 20, 2019 · For example, a brief submitted to the court must advocate and persuade. A case brief might also be referred to as a “legal brief” or “case summary,” which better encapsulates the meaning and avoids the ambiguity of the word “brief.” Preparing to Write Your Case Brief. Write an Introduction.
A: …. Who …. Don't think you have to impress your …. Legalese — specialized legal phrases and jargon — can. Make arguments clear and forceful; respect the court and precedent. Introduction (or Preliminary Statement) Does the Introduction articulate the party’s claim and introduce the theory of the case by referring to the case facts? 87% (54) How to Brief a Law Case: 11 Steps (with Pictures) - wikiHow https://www.wikihow.com/Brief-a-Law-Case 91% (36) Published: Aug 23, 2012 How to Brief a Law Case - Prepping the Brief Read the case. It is a study tool used by law students to prepare for how to write a law brief class and final exams.
Case law merely provides construction of the language of the statute. 2 Dave, who had never been in trouble with the law, worked full time as a manager for McDonalds. Working with Sub-issues. After all, first-year legal writing classes in law school often concentrate on that skill. I would put how to write a law brief all this knowledge into a magic brief-case. Those rules are clearly written and easily understood, as far as they go A legal statement is a document which allows the point of view of the person who made it more understandable, believable and compelling to the general public. You’re not normally writing for your ego, your boss (within reason) or your university lecturer Nov 17, 2019 · It will begin by discussing the qualities of good writing which is central to writing a successful legal opinion. SEVEN GUIDELINES FOR PERSUASIVE BRIEF-WRITING A.
- Before you begin writing a legal opinion, you will know exactly what advice you are going to give, why you are giving it and how you are going how to write a law brief to present it.
- Only tell relevant stories. how to write a law brief
- Analysis - CREAC There is no one way to approach your legal analysis. how to write a law brief
- The passive voice makes sentences longer and roundabout. how to write a law brief
- First, no one could ever how to write a law brief memorize enough law to.
The Legal Writing Center at the City University of New York School of Law offers a ton of great online resources to help with all sorts of legal writings, including tips for drafting client letters, law office memorandums and briefs to the court. This method is useful when engaging in innumerable amount of legal tasks, including writing a brief, conducting discovery, et cetera. What to Include in a Prehearing Brief. People also ask How to brief a legal case? Aug 27, 2012 · The Importance of Making Your Client a Sympathetic Figure: An Example from a Winning Brief. Readable sentences are simple, active, affirmative, and declarative. Include dates when each project part should be completed and who will complete each part. Regardless of form, every brief should include the following information in steps 2-9 how to write a law brief 2 Once you have identified the issue, the next step is to determine what rule of law applies to the issue.
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Thus, logically, step how to write a law brief one in the IRAC methodology is to identify the issue (I). This can also be known as the “black letter law,” which must be a part of your brief. You've already done the work of writing your article, and now you must do the good work of presenting your research Lite-style to articles editors If your point on appeal rests on a statute, quote the statute first, and put a copy of the statute in your appendix or attached to your brief. Write in the active voice. But I found it especially useful in drafting a legal memorandum because the task and your instructions are often times very broad Mar 30, 2015 · According to the professional essay writers of Dianathenerd, Legal writing involves the production of any form of material used in the legal industry. I was wrong. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. The U.S. Take time to write the legal reasoning in your brief.
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For this document to be effective and usable, you have to ensure that you will use a non-argumentative way of giving out information. The term "legal brief" is used loosely to mean any type Organizing the Argument. . Creating an appellate brief for the first time When you sit down for the first time to write an appellate brief, it is normal to feel lost. First, a distinction. The more a sentence deviates from this structure, the harder how to write a law brief the sentence is to understand. As with many aspects of being a lawyer, legal drafting is not about the drafter – it is about the recipient. The Legal Writing Center also provides information on legal grammar and style to help polish your documents Jun 17, 2012 · That means you're going to have to continually edit your brief, perhaps four or five times, and eschew points that don't really advance your argument.
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(2016 decision) Court of Appeal reversed summary judgment in case involving an easement dispute It can help to write how to write a law brief a draft of the Executive Summary first as a structuring device. Jun 30, 2014 · [Take these steps to reapply to law school .] The tone of the addendum, as you may note from the example sentences in the above paragraph, should be objective. U.S.: Writing A Legal Brief That Wins. legal material, taking account of local. . How did the case get there? 03 Ditch The Legalese. That is what governs. If you can demonstrate that you know how to write a good legal memo, you’re likely on your way to getting a job LEGAL RESEARCH, LEGAL WRITING, AND practice law.
Writing a simple, or even a complex, legal argument is easy, and this method will work equally well for a memorandum of law to a trial court, for the argument portion of an appellate brief, or even for a letter to opposing counsel or a client Number the issues and use common legal writing conventions for numbering. The work is also designed to be used by those confronting a specific citation issue. It falls under the category of technical writing. 1. What court issued this opinion? -CCE [B]ecause the summary how to write a law brief of the argument appears near the beginning of a brief, it allows the legal advocate to take advantage of both …. Long, run-on sentences are a basic weakness in legal documents. Nov 17, 2019 · A good legal opinion will always address how a particular factual situation can be proved. If your point on appeal rests on Florida common law, start with Florida cases. Okay, you’ve decided you want to write a case brief Jul 29, 2011 · Whenever you find a legal source that you believe supports your argument, you’ll have to note its citation (its name and the legal book it’s located in) to use it in your brief. You may also base the bill on your own personal experience or expertise List what the law was before this case was decided and how the law has changed after this decision. There are few tasks more daunting to a lawyer than being asked to write, for the first time, a U.S.
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