blaw 310 chapter 7 – Flashcards
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1. A crime can be committed only against persons. a. True b. False
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false
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2. Criminal law spells out the duties that exist between persons or between citizens and their governments. a. True b. False
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false
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3. Public officials prosecute criminal defendants. a. True b. False
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true
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4. A criminal case must be proved beyond a reasonable doubt. a. True b. False
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true
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5. One purpose of criminal sanctions is to deter others from committing similar crimes in the future. a. True b. False
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true
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6. The crime of theft requires the taking of property, without regard to whether the perpetrator knew it belonged to another. a. True b. False
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false
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Corporations, like persons, can be liable for crimes. a. True b. False
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true
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Larceny relies on fear and force. a. True b. False
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false
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Picking pockets is larceny. a. True b. False
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true
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Counterfeiting is robbery. a. True b. False
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false
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Falsifying public records is forgery. a. True b. False
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true
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A bank employee stealing funds from a client is an example of embezzlement. a. True b. False
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true
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Crimes occurring in a business context are popularly referred to as white-collar crime. a. True b. False
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true
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. Embezzlement can be committed only by physically taking property from the possession of another. a. True b. False
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false
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It is not a crime to defraud the public through the use of ads on television. a. True b. False
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false
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The crime of bribery occurs when the bribe is offered. a. True b. False
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true
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Bribing foreign officials to obtain favorable business contracts is not a crime. a. True b. False
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false
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Divestiture of a business interest is a possible penalty under RICO. a. True b. False
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true
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In some states, misdemeanors are punishable by imprisonment for up to ten years. a. True b. False
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false
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Felonies are punishable by imprisonment for more than a year or death. a. True b. False
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true
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Someone suffering from a mental illness may be incapable of the state of mind to commit a crime. a. True b. False
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true
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Ordinarily, "ignorance of the law" is a valid defense to criminal liability. a. True b. False
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false
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Most crimes must be prosecuted within a certain number of years after the crimes occur. a. True b. False
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true
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There is at least one circumstance in which a person cannot refuse to testify on Fifth Amendment grounds. a. True b. False
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true
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Constitutional safeguards protect the rights of individuals against federal government actions. a. True b. False
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true
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Under the Fourth Amendment, a general search warrant and a general search through a person's belongings are permitted. a. True b. False
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false
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A suspect cannot be tried twice in the same court for the same crime. a. True b. False
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true
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28. Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution. a. True b. False
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true
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29. The purpose of the exclusionary rule is to deter police from misconduct. a. True b. False
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true
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Under the exclusionary rule, all evidence must be included in a criminal prosecution. a. True b. False
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false
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Individuals who are arrested must be informed of certain constitutional rights. a. True b. False
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true
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All persons who are arrested have the constitutional right to remain silent. a. True b. False
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true
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Any criminal activity occurring via a computer in the virtual community of the Internet is a cyber crime. a. True b. False
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true
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. Identity theft occurs when a wrongdoer steals another's form of identification and uses it to access the victim's financial resources. a. True b. False
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true
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A hacker is someone who uses one computer to break into another. a. True b. False
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true
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36. Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by a. the owner of the warehouse. b. the owner of the property that Mike is charged with stealing. c. a public official. d. any third party unrelated to Mike, the property, or the crime.
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c
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37. Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know a. Milo. b. Nadine. c. that the marimba is stolen and Ludwig must intend to keep it. d. what a marimba is.
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c
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8. Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with a. robbery. b. forgery. c. larceny. d. embezzlement.
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a
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. William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles. William's crime is a. forgery. b. larceny. c. robbery. d. embezzlement.
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b
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Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed a. burglary. b. forgery. c. larceny. d. no crime.
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c
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. Scott, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is a. embezzlement. b. larceny. c. money laundering. d. no crime.
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b
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2. Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is a. burglary. b. robbery. c. larceny. d. no crime.
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c
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43. Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed a. larceny. b. no crime. c. robbery. d. forgery.
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d
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44. Leah gains access to government records and alters certain dates and amounts in her favor. This is a. embezzlement. b. forgery. c. larceny. d. no crime.
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b
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45. Ivan signs Jeb's name, without his authorization, to the back of a check. This is a. no crime. b. forgery. c. larceny. d. larceny.
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b
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46. Jake is charged with embezzlement. Embezzlement may be committed without a. a criminal act. b. a criminal intent. c. taking property from its owner. d. the use of force or fear.
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d
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47. Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires a. fraudulently appropriating another's property. b. obtaining lawful possession of property. c. physically taking property from its owner. d. the use of force or fear.
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a
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48. After Edie solicits clients to invest in a nonexistent business, she is charged with "mail fraud." This requires, among other things, a. claiming that an item is "in the mail" when it is not. b. deceiving postal authorities as to the content of an item of mail. c. depositing items in the postal system without proper postage. d. mailing or causing someone else to mail a writing.
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d
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49. Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by a. imprisonment for not more than one year. b. imprisonment for up to thirty years and fines of up to $1 million. c. fines for not more than $50,000. d. death.
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b
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50. Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the viola-tions. Mona is charged with the crime of bribery. The crime occurred when a. Mona decided to offer the bribe. b. Mona offered the bribe. c. Ned accepted the bribe. d. Ned overlooked the violations.
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b
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51. Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is a. an effective marketing strategy. b. commercial bribery. c. creative legal bookkeeping. d. money laundering.
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b
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52. Bruno is a businessperson with investments in legal and illegal opera-tions. Bruno may be subject to penalties under RICO a. for making an unprofitable, but legal, investment. b. for the commission of any business fraud. c. only in a case involving a "racket." d. only in a case involving organized crime.
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b
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53. Jared is arrested and found guilty of a misdemeanor. His punishment will not include a. imprisonment for six months. b. a fine of $100. c. death. d. imprisonment for six months and a fine of $500.
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c
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54. Megan is charged with jaywalking, which is classified as a. a misdemeanor. b. a felony. c. a petty offense. d. no crime.
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c
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55. Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for a. any period of time. b. more than one year. c. more than six months. d. more than ten days.
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b
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56. Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense a. nothing. b. duress. c. entrapment. d. self-defense.
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d
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57. Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to a. appreciate the wrongfulness of his conduct only. b. appreciate the wrongfulness of his conduct and obey the law. c. appreciate the wrongfulness of his conduct or obey the law. d. obey the law only.
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c
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58. Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to Davis. Charged with theft, Eton can successfully claim, as a defense a. nothing. b. duress. c. entrapment. d. self-defense.
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b
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59. Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and a. can be prosecuted only for a crime about which she agreed to testify. b. cannot be prosecuted for any crime. c. cannot refuse to testify on Fifth Amendment grounds. d. can refuse to testify on Fifth Amendment grounds.
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c
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60. Maya, a police officer, wants to search the offices of Niles Corporation. Maya asks Judge Orion to issue a warrant. Under the Fourth Amendment, no warrants for a search or an arrest can be issued without a. double jeopardy. b. probable cause. c. reasonable doubt. d. immunity.
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b
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61. Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a "fair, neutral decision maker." No one can be deprived of "life, liberty, or property without due process of law" under the a. Second Amendment. b. Fourth Amendment. c. Fifth Amendment. d. Eighth Amendment.
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c
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62. Alan, the president of Bayside Investments, Inc., and Colin, Bayside's accountant, are charged with a crime, after the police search Bayside's offices. Under the exclusionary rule a. certain Bayside records are excluded from subpoena. b. certain parties to a criminal action may be excluded from a trial. c. illegally obtained evidence must be excluded from a trial. d. persons who have biases that would prevent them from fairly decid-ing the case may be excluded from the jury.
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c
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63. Jackson is accused of a crime. Jackson can refuse to provide information about his allegedly criminal activities a. if he suspects the information will be used to prosecute him. b. if the police do not promise to keep the information confidential. c. if the information is "fruit of the poisonous tree." d. under no circumstances.
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a
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64. Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to a. a trial by jury. b. punishment. c. question witnesses. d. remain silent.
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d
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65. Gina sells "Bulk Up" steroids over the Internet. She is arrested and charged with the sale of a controlled substance. This is cyber crime, which is a. a new category of crime that is not related to older types of crime. b. a crime that occurs the virtual community of the Internet. c. a crime that is less real than the same crime in the physical world. d. no crime.
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b
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66. Travis sends Suri what purports to be a link to an e-birthday card, but when she clicks on the link, software is downloaded to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is a. identity theft. b. cyberterrorism. c. entrapment. d. no crime.
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a
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67. Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is a. hacking. b. identity theft. c. cyberterrorism. d. bribery.
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b
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68. Farouk uses his computer to break into Global Financial Center's computer. Farouk is a a. hacker. b. phisher. c. worm. d. virus.
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a
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69. Via the Internet, Rocky sabotages the computer system of Quik Chik'n Company, a food manufacturer, to alter the levels of ingredients in the company's products so that consumers of the food become ill. Rocky is a a. cyberterrorist. b. botnet. c. virus. d. worm.
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a
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70. Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of a. jurisdiction. b. "maximum contacts." c. the immunity of Internet service providers. d. encryption.
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a
