Test Bank For Canadian Business And The Law 4th Edition by Duplessis

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Test Bank For Canadian Business And The Law 4th Edition by Duplessis

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COMPLETE TEST BANK WITH ANSWERS
Canadian Business And The Law 4th Edition by Duplessis  Test Bank 

 

Chapter 2 The Canadian Legal System

 

MULTIPLE CHOICE

 

  1. Which of the following best describes the paramount function of Canadian constitutional law?

 

a. It sets a parliamentary code of ethics.
b. It creates structure for ceremonial policy.
c. It establishes Canadas deference to British Parliament.
d. It establishes Canadas structure of legal authority.

 

 

ANS:  D                    PTS:   1                    DIF:    Medium         REF:   23

MSC:  Evaluate

 

  1. Which of the following is an example of why monitoring government policy is important to business?

 

a. Rules and regulations are periodically revised.
b. It is the machinery that regulates government.
c. It provides rulings that resolve existing disputes.
d. It can be overwhelming and very technical.

 

 

ANS:  A                    PTS:   1                    DIF:    Easy               REF:   23

MSC:  Understand

 

  1. The government enacted a policy change requiring retailers to include new details in firearm sales reports. Loxys Rifles Inc., unaware of the new requirements, was fined for noncompliance and immediately paid a $5,000 fine. Which of the following best describes the reason Loxy received and promptly paid the fine?

 

a. Opposition to the change of law led to the fine; paying the fine saved interest.
b. Loxys is lobbying the government and must pay the fine to attend meetings.
c. Loxys is not concerned with compliance; fines are tax-deductible.
d. Ignorance of the law led to the fine; ignoring fines leads to harsher penalties.

 

 

ANS:  D                    PTS:   1                    DIF:    Medium         REF:   23

MSC:  Analyze

 

  1. Which of the following would a law professor most likely say correctly identifies the legislature allowed to determine laws that involve the illegal use of firearms in Canada?

 

a. The federal legislature has sole jurisdiction to create criminal law.
b. The municipal and provincial legislatures share concurrent jurisdiction.
c. The municipal governments receive delegated jurisdiction.
d. The provincial legislatures have exclusive jurisdiction.

 

 

ANS:  A                    PTS:   1                    DIF:    Easy               REF:   25|26|27

MSC:  Analyze

 

 

  1. The Province of Newfoundland enacted new regulations to better control hazardous waste disposal throughout the province. What type of law should specialized waste control businesses operating in Newfoundland refer to in order to ensure their commercial activities are legally compliant?

 

a. civil law
b. statute law
c. private law
d. common law

 

 

ANS:  B                    PTS:   1                    DIF:    Medium         REF:   25

MSC:  Evaluate

 

  1. The House of Commons and the Senate are defining characteristics of which legislative body in Canada?

 

a. the Parliament of Canada
b. the House of Assembly of Nova Scotia
c. the Supreme Court of Canada
d. the Legislative Assembly of British Columbia

 

 

ANS:  A                    PTS:   1                    DIF:    Easy               REF:   26

MSC:  Remember

 

  1. The Senate of one of Canadas legislatures has traditionally become known as the chamber of sober second thought. Which of the following legislatures is distinguished by being the lower chamber to this Senate?

 

a. the Legislative Assembly of British Columbia
b. the Parliament of Canada
c. the House of Assembly of Nova Scotia
d. the House of Commons

 

 

ANS:  D                    PTS:   1                    DIF:    Challenging    REF:   26

MSC:  Understand

 

  1. In circumstances where conflicting federal and provincial laws cannot be reconciled, which of the following outcomes is dictated by the doctrine of paramountcy?

 

a. The federal law prevails, except in Quebec.
b. The superior law prevails.
c. Concurrent provincial law prevails.
d. The provincial law prevails.

 

 

ANS:  B                    PTS:   1                    DIF:    Medium         REF:   27

MSC:  Evaluate

 

 

  1. In determining a constitutional challenge, the Supreme Court of Canada upheld the federal governments bilingual language rights legislation. Which of the following exemplifies the reason for the Courts decision?

 

a. The Supreme Courts decision follows the doctrine of paramountcy.
b. The Courts decision does not apply in the province of Quebec.
c. Regulating language law falls within federal government jurisdiction.
d. The Supreme Courts decisions must uphold the public interest.

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   27

MSC:  Understand

 

  1. Which of the following denotes a required element in the procedure followed for passing federal legislation through Parliament?

 

a. majority vote by Commons committee and approval by Senate
b. quorum vote in the House of Commons and by the Senate
c. majority vote of the members in the House of Commons and in the Senate.
d. approval of the House of Commons and by the Senate committee

 

 

ANS:  C                    PTS:   1                    DIF:    Easy               REF:   25

MSC:  Analyze

 

  1. The delegation of authority to make law within Canada assigns jurisdiction to regulate business activities primarily to which of the following governing bodies?

 

a. the federal and municipal governments
b. the Senates of the federal and provincial governments
c. the federal and provincial governments
d. the provincial and municipal governments

 

 

ANS:  D                    PTS:   1                    DIF:    Medium         REF:   28

MSC:  Understand

 

  1. Which of the following would a politician identify as areas where the federal government is given exclusive jurisdiction to make law by the Canadian Constitution?

 

a. currency, trade, national defence
b. administration of justice, trade, national defence
c. interprovincial trade and commerce, highway regulation, licensing
d. criminal law, administration of justice, hospitals

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   26

MSC:  Analyze

 

 

  1. Groups launching lobbying efforts directed at the federal government to voice opposition to proposed legislation affecting property laws have been advised that the matter lies outside federal jurisdiction. What government possesses the required constitutional jurisdiction to change laws affecting property?

 

a. federal; paramount jurisdiction
b. provincial; exclusive jurisdiction
c. municipal; concurrent jurisdiction
d. provincial; delegated jurisdiction

 

 

ANS:  B                    PTS:   1                    DIF:    Challenging    REF:   27

MSC:  Remember

 

  1. Which of the following exemplifies the powers granted to a government with jurisdictional authority to regulate crime?

 

a. regulate criminal justice in the provinces
b. define crimes, establish precedents, and set penalties
c. define crimes, establish laws, and set penalties
d. regulate criminal sanctions in the Civil Code of Quebec

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   27

MSC:  Understand

 

  1. Which of the following correctly describes the required steps involved to pass a bill into final law in the federal Parliaments legislative process?

 

a. passage by House of Commons; approval by Senate; royal assent.
b. passage by House of Commons; approval by Senate; royal consent
c. Senate approval; passage by the House of Commons
d. motion to House Committee; motion to Senate for approval

 

 

ANS:  A                    PTS:   1                    DIF:    Challenging    REF:   30

MSC:  Analyze

 

  1. The Canadian legal system operates within a prescribed structure as provided by law. What is the source of the law that governs the Canadian legal system?

 

a. parliamentary bills
b. constitutional law
c. the Civil Code
d. constitutional conventions

 

 

ANS:  B                    PTS:   1                    DIF:    Easy               REF:   43

MSC:  Remember

 

 

  1. The Provincial Office has advised that it does not have jurisdiction to deal with an application for a property zoning variance from J Tap Corp. Which of the following correctly identifies where the application must be redirected to and why?

 

a. municipal government; direct constitutional jurisdiction
b. municipal government; concurrent constitutional jurisdiction
c. municipal government; provincial constitutional delegation of authority
d. federal government; exclusive jurisdiction to regulate zoning

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   44

MSC:  Evaluate

 

  1. Who of the following would immediately be recognized as the constitutional head of the Canadian state?

 

a. the governor general of Canada
b. the reigning British monarch
c. the governor general in council
d. the prime minister of Canada

 

 

ANS:  B                    PTS:   1                    DIF:    Easy               REF:   30

MSC:  Evaluate

 

 

  1. Of the following, who would be recognized as the members of the legislative body formally known as the governor general in council when it enacts regulations?

 

a. the prime minister and the premiers of the provinces and territories
b. the prime minister together with the premiers of the provinces
c. the ministers of the various federal government departments
d. the prime minister and ministers of federal government departments.

 

 

ANS:  D                    PTS:   1                    DIF:    Challenging    REF:   30

MSC:  Remember

 

  1. Which of the following individuals holds the office of chief executive of the federal government?

 

a. the appointed governor general
b. Elizabeth II, as reigning Queen of England
c. the duly elected prime minister of Canada
d. the appointed chief senatorial officer

 

 

ANS:  C                    PTS:   1                    DIF:    Easy               REF:   30

MSC:  Remember

 

  1. Which of the following correctly denotes the composition of the judicial branch of government in Canada?

 

a. the system of various levels of courts in Canada
b. the judiciary and the system of various levels of courts
c. a judiciary appointed by the governor general.
d. the judiciary and federal and provincial prosecutors

 

 

ANS:  B                    PTS:   1                    DIF:    Medium         REF:   31

MSC:  Evaluate

 

 

  1. Lexie McTaggerts position with the Saskatchewan Court of Queens Bench often requires her to refer to the judiciary for guidance. Which of the following describes the judiciary Lexie refers to?

 

a. collective of appointed judges
b. judicial common law
c. set of judicial regulations
d. collection of judge-made decisions

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   31

MSC:  Remember

 

  1. An accomplished lawyer accepted an appointment by the Justice Minister to the position of judge in the Provincial Judges Court of Manitoba. Which of the following explains the ministers authority to appoint this courts judges?

 

a. Provinces have jurisdiction to appoint judges to superior courts.
b. The province can use parliarmentary perogative to appoint judges.
c. Provinces have jurisdiction to appoint judges to inferior courts.
d. Canadas governments share concurrent jurisdiction to appoint judges.

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   31

MSC:  Understand

 

  1. Which of the following would a judge most likely identify as the basic levels of courts that make up the Canadian court system?

 

a. trial, informal appeal, and final appeal courts
b. trial, intermediate appeal, and final court of appeal
c. informal trial, formal trial, and final appeal courts
d. pre-trial, trial, and appeal courts

 

 

ANS:  B                    PTS:   1                    DIF:    Challenging    REF:   31|32

MSC:  Analyze

 

  1. Canadian environmental activitists are often charged with offences for actions taken while expressing their protests, despite the protection of freedom of expression provided by the Canadian Charter of Rights and Freedoms. Which of the following would immediately indicate the inability of the Charter to protect these individuals?

 

a. Freedom of association is excluded.
b. The Charter excludes freedom of action.
c. The Charter excludes freedom to protest.
d. Freedom of action is restricted..

 

 

ANS:  B                    PTS:   1                    DIF:    Medium         REF:   32|33

MSC:  Evaluate

 

 

  1. What is the least likely source of law in Canada?

 

a. common law
b. public opinion
c. Civil Code
d. royal prerogative

 

 

ANS:  B                    PTS:   1                    DIF:    Easy               REF:   38|39|40

MSC:  Remember

 

  1. In Canada, royal perogative signifies the Crowns exclusive right to perform which of the following actions?

 

a. to give politicians immunity
b. to overrule laws enacted by Parliament
c. to overturn decisions of the Supreme Court
d. to declare war on enemies of the state

 

 

ANS:  D                    PTS:   1                    DIF:    Medium         REF:   38

MSC:  Analyze

 

  1. Which of the following is a distinguishing characteristic of the principle of precedent law?

 

a. Private law is based on a Civil Code.
b. It only applies in Quebec courts.
c. Individual freedoms are valued.
d. Like cases should be treated alike.

 

 

ANS:  D                    PTS:   1                    DIF:    Easy               REF:   39

MSC:  Remember

 

  1. A recent decision of the Supreme Court of Canada established a new ground of entitlement to spousal support under the federal Divorce Act. Which of the following describes the affect the decision will have on provincial family law courts determining spousal support cases under the federal act?

 

a. Provincial courts will seek exemption under the notwithstanding clause.
b. The decision only applies to support cases outside of the province of Quebec.
c. Superior court decisions must be followed and applied by all inferior courts.
d. Courts apply the new law if it complies with the parties religious convictions.

 

 

ANS:  C                    PTS:   1                    DIF:    Challenging    REF:   32

MSC:  Evaluate

 

  1. Rules of equity focus on what would be fair given the specific circumstances of the case, as opposed to which of the following?

 

a. what the strict rules of common law might dictate
b. law that governs relations between states
c. the internal set of laws of a given country
d. law governing agreements between states

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   39|40

MSC:  Understand

 

 

  1. Which of the following is a distinguishing characteristic of a treaty?

 

a. A treaty is the sole law governing relations between nations.
b. A treaty is a set of coded laws to regulate relations.
c. A treaty governs relationships between Canadas provinces.
d. A treaty can exist between nations governed by international law.

 

 

ANS:  D                    PTS:   1                    DIF:    Medium         REF:   30

MSC:  Remember

 

  1. Britain negotiated treaties with many Aboriginal peoples, some of whom sought to have their treaties recognised by the United Nations. Which of the following explains the benefit recognition by the United Nations would confer to Canadas Aboriginal treaty people?

 

a. lawyers with international litigation experience
b. international aid to pay for litigation costs
c. international legal status for Aboriginal treaties
d. negotiators for international dispute resolution

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   30

MSC:  Analyze

 

  1. Which of the following attributes distinguishes substantive law from other forms of law?

 

a. It defines rights, duties, and liabilities.
b. It defines international legal status.
c. It defines the relationship between governments.
d. It defines procedures under the Charter.

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   40

MSC:  Analyze

 

  1. Which of the following is the defining characteristic of procedural law?

 

a. It is a set of law defining individual rights, duties, and liabilities.
b. It regulates the relationship between persons and governments.
c. It governs procedure for enforcement of rights, duties, and liabilities.
d. It governs procedure for enforcement of the Civil Code.

 

 

ANS:  C                    PTS:   1                    DIF:    Easy               REF:   40

MSC:  Remember

 

  1. Which of the following would a lawyer most likely say describes the defining characteristics of public law?

 

a. It regulates relationships between governments and individuals.
b. It provides rules concerning rights and obligations of business.
c. It focuses on fairness according to strict rules of common law.
d. It contains the rules of law in the Civil Code of Quebec.

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   40

MSC:  Analyze

 

  1. Quest Electricial Engineers Inc. contractually committed to provide specialized services to a construction project with specified deadlines for completion. Quest has to meet deadlines or face penalties. Which of the following would a court most likely indicate as the type of law governing the relationship and conduct of the parties to this contract?

 

a. common law
b. corporate law
c. public law
d. private law

 

 

ANS:  D                    PTS:   1                    DIF:    Challenging    REF:   40|41

MSC:  Analyze

 

  1. Which of the following describes the form of private law that is applied in Quebec courts?

 

a. the Civic Code of Quebec
b. the Quebec Civil Code
c. the Quebec Civil Law Code
d. the Civil Law Code

 

 

ANS:  B                    PTS:   1                    DIF:    Easy               REF:   41

MSC:  Remember

 

  1. Which of the following is the characteristic that distinguishes Quebecs civil law from Canadas common law?

 

a. Civil law courts are not bound by earlier interpretations of the code.
b. Civil law courts hear only matters of public law disputes.
c. Civil law judges are provincially elected for one five-year term.
d. Civil law courts do not have to consider legislation.

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   41

MSC:  Remember

 

  1. A hospital board of directors granted absolute authority to physicians to arbitrarily withdraw life support from patients. The boards authority to grant such power was quickly challenged and overturned in the courts. Which of the following types of law had to be applied to constrain the hospital boards authority?

 

a. criminal law
b. constitutional law
c. administrative law
d. equity law

 

 

ANS:  C                    PTS:   1                    DIF:    Challenging    REF:   43|44

MSC:  Understand

 

 

  1. Which of the following is an example of a federal administrative body that plays a role in regulating activity?

 

a. the Securities Commission
b. the Board of Health
c. the Wheat Board
d. the Liquor Control Board

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   44

MSC:  Understand

 

  1. Which of the following is an example of a provincially appointed administrative body?

 

a. the Radio, Television and Telecommunications Commission
b. the Securities Commission
c. the Food and Drug Agency
d. the Atomic Energy Commission

 

 

ANS:  B                    PTS:   1                    DIF:    Medium         REF:   44

MSC:  Understand

 

  1. Which of the following best reflects the high value Canadians place on the political philosophy of liberalism?

 

a. Canada regulates privacy with laws restricting government access to persons and property.
b. Canadians have elected more majority Liberal governments than NDP or Conservative.
c. Public outcry forced the Green Party leaders acceptance in federal election debates.
d. Governments willingly and promptly comply with access to information requests.

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   23

MSC:  Analyze

 

  1. Which of the following correctly identifies the government Nantucket Sleigh Rides Inc. would lobby for regulated roadway access to sell horse-drawn sleigh rides to patrons of downtown business establishments from December through February?

 

a. provincial government
b. federal government
c. municipal government
d. federal and provincial governments

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   26

MSC:  Analyze

 

 

  1. A province wants to challenge an appeal courts decision regarding prevention of continued ground water contamination now posing significant health risk to people, wildlife, and plants living in the ecosystem to the Supreme Court. Which of the following would immediately signify the Supreme Courts agreement to hear the challenge and why it would consider this appeal?

 

a. leave to appeal; significant or national concern
b. consent to appeal; provincial challenges
c. consent to appeal; jurisdiction
d. permission to appeal; national public concern

 

 

ANS:  A                    PTS:   1                    DIF:    Challenging    REF:   32

MSC:  Evaluate

 

  1. Which of the following is the name given to the document used in Canadas common law court system to set out the basis of a legal dispute?

 

a. statement of code infraction
b. statement of complaint
c. statement of claim
d. statement of dispute

 

 

ANS:  C                    PTS:   1                    DIF:    Medium         REF:   23

MSC:  Remember

 

  1. Which of the following would a law professor indicate as being the three branches of government provided for by the Canadian Constitution?

 

a. legislative, executive, judicial
b. federal, provincial, municipal
c. legislative, executive, representative
d. legislative, representative, judicial

 

 

ANS:  A                    PTS:   1                    DIF:    Medium         REF:   25

MSC:  Analyze

 

TRUE/FALSE

 

  1. The rights and authority of municipal governments are protected by the Constitution Act.

 

ANS:  F                    PTS:   1                    DIF:    Easy               REF:   25|26|27

MSC:  Remember

 

 

  1. The Constitution Act makes the provincial governments subordinate to the federal government.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   23|24|25

MSC:  Evaluate

 

  1. The legislative branch of government is the source of statute law.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   30

MSC:  Evaluate

 

 

  1. Canadas federal Parliament is composed of the House of Commons and the Senate.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   26

MSC:  Remember

 

 

  1. All municipalities in Canada are created by provincial legislation.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   26

MSC:  Remember

 

  1. The judicial branch of government includes the courts and the legislatures.

 

ANS:  F                    PTS:   1                    DIF:    Medium         REF:   31|32

MSC:  Remember

 

  1. The judges in Canadas higher courts are appointed and those in the lower courts are elected.

 

ANS:  F                    PTS:   1                    DIF:    Medium         REF:   31

MSC:  Remember

 

  1. There are no limits on the guarantees of rights and freedoms established by the Charter of Rights and Freedoms.

 

ANS:  F                    PTS:   1                    DIF:    Easy               REF:   32|33|34|35

MSC:  Remember

 

  1. Public law deals with the regulation of relationships between individuals and government.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   40|41

MSC:  Remember

 

  1. Federal and provincial legislatures are constitutionally provided with authority to appoint judges within specified judicial jurisdictions.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   31

MSC:  Remember

 

  1. A federal bill must be approved by a vote in the House of Commons in order to pass first reading.

 

ANS:  T                    PTS:   1                    DIF:    Easy               REF:   25

MSC:  Remember

 

  1. The new Criminal Code of Newfoundland would be enforced by the courts because it would not be contrary to the Canadian Constitution to do so.

 

ANS:  F                    PTS:   1                    DIF:    Easy               REF:   27

MSC:  Remember

 

  1. A provincial government cannot enact environmental legislation that would conflict with federal environmental legislation because it is an area of exclusive federal jurisdiction.

 

ANS:  F                    PTS:   1                    DIF:    Medium         REF:   27

MSC:  Remember

 

  1. Public health and the environment are constitutionally undefined as areas of concurrent jurisdiction shared between the federal and provincial governments.

 

ANS:  F                    PTS:   1                    DIF:    Medium         REF:   27

MSC:  Remember

 

  1. In circumstances of alleged conflict between federal and provincial legislation, the doctrine of paramountcy generally would not be applicable where an individual or business is able to simply obey the stricter law and thereby comply with both pieces of legislation.

 

ANS:  T                    PTS:   1                    DIF:    Challenging    REF:   27

MSC:  Remember

 

  1. Municipal legislation compelling the annual payment of a fee pertaining to the licensing of dog ownership requires the enactment of a by-law.

 

ANS:  T                    PTS:   1                    DIF:    Easy               REF:   28

MSC:  Remember

 

  1. A bill put before a legislative body represents a proposed piece of legislation that a political party wants to make into law.

 

ANS:  T                    PTS:   1                    DIF:    Easy               REF:   37

MSC:  Remember

 

  1. The principle of precedent holds that all precedents are not of equal value, meaning the higher the level of court that created the precedent, the less weight it brings to bear on the common law system.

 

ANS:  F                    PTS:   1                    DIF:    Medium         REF:   39

MSC:  Remember

 

  1. The early English court of equity established rules that focus on what would be fair given the specific circumstances of a case, as opposed to what the a strict application of the common law might dictate.

 

ANS:  T                    PTS:   1                    DIF:    Medium         REF:   39

MSC:  Remember

 

  1. Substantive law is the internal law of a given country, which includes both statute and case law.

 

ANS:  F                    PTS:   1                    DIF:    Easy               REF:   40

MSC:  Remember

 

 

SHORT ANSWER

 

  1. Briefly describe the circumstances under which the guarantee of Canadians rights and freedoms provided under the Canadian Charter of Rights and Freedoms is permitted to be limited.

 

ANS:

 

Limitation of the guarantee of Canadas Charter rights and freedoms is allowed when the limitation is demonstrated to be justified and by the use of the notwithstanding clause contained in section 33 of the Charter.

 

PTS:   1                    DIF:    Easy               REF:   35                  MSC:  Remember

 

 

  1. Briefly describe the benefits to be derived by businesses being aware of government policy and the status of regulations affecting their operations, as well as the consequences of being unaware of the same.

 

ANS:

 

Businesses need to actively monitor government policy and regulations that affect how businesses are permitted to operate because either may be changed periodically. Awareness allows business to comply with laws and to attempt to influence development of policies and regulations to favour and further business interests. Being unaware of changes would result in noncompliance with regulations, levy of fines, or even closure of a business. Lack of awareness of government policy may also result in a missed opportunity to lobby government to change law or to take advantage of favourable change in law.

 

PTS:   1                    DIF:    Medium         REF:   23                  MSC:  Remember

 

  1. Briefly describe what is meant by the statement Canada has a federal form of government.

 

ANS:

 

It means that governmental power is split between the central, national authority and regional authorities. In Canada, the national authority is the federal government and the regional authorities are the provinces. Territories are provided with a form of limited self-government.  Each authority is empowered to legislate within constitutionally defined jurisdictions and matters.

 

PTS:   1                    DIF:    Easy               REF:   25|26              MSC:  Remember

 

  1. Name the br

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