(575) 748-8000, Charleston But let's say the behavior, the offense that's occurring at the scene, doesn't have a federal statute to cover it. This is a request that the Supreme Court order a lower court to send up the record of the case for review. Which of the following is a court with limited jurisdiction? In the United States, different kinds of courts have different jurisdictions, for example, criminal trials are only heard in criminal courts and there are both federal and state criminal courts. A general court martial consists of a panel of not less than five members and a military judge, or an accused may be tried by military judge A 4.6% pay raise has been proposed for 2023, but will it keep up with inflation? But there is a longer answer to the question: Adultery is one of the fault grounds in a divorce in Ohio. There are four main types of jurisdiction: exclusive jurisdiction, concurrent jurisdiction, original jurisdiction, and appellate jurisdiction. Depending on your installation, more than one type of jurisdiction may apply. Constitution provides that the federal government has exclusive legislative rights over certain federal territories such as military bases, courthouses, and other official properties if a state consents to the purchase of the territory. Exclusive jurisdiction refers These include the same types of cases that are brought in the limited jurisdiction court, like cases for breach of contract, personal injury, or property damage, but unlimited cases involve more than $25,000. Is that the same as what we're talking about here? Solari: Is there a legal standard for determining the appropriate federal law enforcement support for all these properties and buildings? There are many situations where more than one court has jurisdiction over a matter. It can not be used in areas of proprietary jurisdiction. 3 How many types of court-martial are there in the Army? Federal officers and agents are responsible for handling all investigations and cases, and the local police do not come onto the facility to investigate or arrest suspects. State courts have jurisdiction over civil matters. There's even the potential for having all three types of jurisdiction within one federal installation. There are four main types of jurisdiction (arranged from greatest Air Force authority to least): (1) exclusive federal jurisdiction; (2) concurrent federal jurisdic- tion; (3) partial federal jurisdiction; and (4) proprietary jurisdiction. Divorce jurisdiction is often determined by the region of residence of the couple. That is a statute, 18 United States Code Federal Judiciary: Special Courts Federal courts U.S. Supreme Court Appellate Courts Trial Courts Special Courts REFERENCE DESK Research Resources Phone: 706-542-6591 Email: lawref@uga.edu GAVEL online catalog Law Library website Library Hours Reference Services Tax Court What are the 2 types of court system in the world? The specifics of how installations have come to fall under a particular jurisdiction type are complex. What are the 4 types of Supreme Court opinions? It is usually reserved for serious criminal offenses like felonies. Perry: The agency should always know how it legally holds all of its property. A common example is a wildfire starting outside a national forest on private property. What are the requirements for federal jurisdiction? 1131 Chapel Crossing Road In such areas, the federal government may have proprietary jurisdiction (rights as landowner), concurrent jurisdiction (with federal and state law applicable), or exclusive jurisdiction over the land where an act was committed. Courts-martial involving military members subject to the Uniform Code of Military Justice apply regardless of location. Appelate Jurisdiction. When more than one court has jurisdiction over a matter it is called, concurrent jurisdiction. Answer and Explanation: The two types of jurisdiction exercised by courts are original jurisdiction and appellate jurisdiction. Explanation: Concurrent jurisdiction permits more than one court to have the power to listen to a similar case. The Magistrate makes the decisions in a Magistrates Court; sometimes with the support of lay assessors. It can be a state or federal court. What are the 5 types of cases that have federal jurisdiction? Weblegislative jurisdiction was obtained by reservation in the enabling act authorizing Statehood. See FARB at 20 n.70. If, for example, the state brings a murder charge and does not get a conviction, it is possible for the federal government in some cases to file charges against the defendant if the act is also illegal under federal law. Original Jurisdiction the court that gets to hear the case first. Perry: Over time, there has come to be three general categories of federal land ownership. The vast majority of law enforcement work is done by state and local police, and has always been so. What does the U.S. Government own as far as land and buildings? These cookies ensure basic functionalities and security features of the website, anonymously. This means that if a case has original jurisdiction, it must be heard by that court or legal body first, rather than being appealed to it from a lower court. NJPis known by different terms among the services, such as "Article 15," "Office Hours," or "Captain's Mast.". Each federal district also has a bankruptcy court for those proceedings. Some states handle misdemeanors in police courts. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". How do I choose between my boyfriend and my best friend? All federal courts are courts of limited jurisdiction. Issue preclusion, also called collateral estoppel, means that a valid and final judgment binds the plaintiff, defendant, and their privies in subsequent actions on different causes of action between them (or their privies) as to same issues actually litigated and essential to the judgment in the first action. Perry: Originally, there were relatively few pieces of federal property to be concerned about, a few forts, arsenals, post offices and federal buildings in large cities. It is called concurrent jurisdiction when this is the case. Original jurisdiction refers to the authority of a court or legal body to hear a case as the first instance, rather than on appeal from a lower court. There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country. Article 16, UCMJ; 10 U.S.C. The Personally Procured Move (PPM): Steps to Take, Service Members Get Special Rental and Eviction Protection, Health Net Protests $65.1 Billion Tricare Contract Award, Tricare Dental Program to Expand Choice of Carriers Under New Law, Express Scripts Invites Independent Pharmacies to Rejoin Tricare in What Critics Call 'Empty Gesture', 5 Myths About the PACT Act and VA Benefits. (912) 267-2100, Artesia Many federal law enforcement agencies prefer to have concurrent jurisdiction on their lands, because they can share the workload, so to speak, with the state and local officers. U.S. Department of Justice WebOur Forces. The federal court system has three main levels: district courts the trial court , circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system. Exclusive jurisdiction. Share sensitive information only on official, secure websites. ) or https:// means youve safely connected to the .gov website. While they don't have the right to a free military attorney, they may hire their own and be represented by an attorney at the proceedings. o Definition: All the laws and policies that regulate. All offenses, including DV, are handled only by the military or other ele- What would happen if it is a concurrent jurisdiction situation? There were always large tracts of undeveloped public lands in the western United States, and of course large areas of Indian country lands. Perry: By definition, it does work, but only in the areas of exclusive or concurrent jurisdiction. (843) 566-7707, Cheltenham 4 Proprietorial Interest Only. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. Buying a Home? Violations occurring within the federal land will then be handled by a federal law enforcement officer. Solari: What happened as the population began to move westward? Cases that are entirely based on state law may be brought in federal court under the courts diversity jurisdiction. Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. Federal circuit courts can only hear cases on appeal from a federal district or special court. or https:// means youve safely connected to the .gov website. One exception to the lifetime appointment is for magistrate judges, which are selected by district judges and serve a specified term. Solari: Alright, so state and locals then could come onto that piece of property that has exclusive jurisdiction to serve summons and subpoenas. Each circuit court has multiple judges, ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. Washington, DC 20530-0001. Jurisdiction is a legal term used to describe what court has the right of judgment over an issue, person, or case. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. What factors determine which federal court has jurisdiction over a case? The UCMJ provides that military courts have jurisdiction over all members of the armed services and certain civilians who meet limited, well-defined criteria. . These cookies will be stored in your browser only with your consent. All rights reserved. Therefore, federal and state courts may have concurrent jurisdiction over specific crimes. Exclusive Jurisdiction only that court can hear a specific case. Congress, in creating the military justice system, established three types of courts-martial: (1) summary court-martial, (2) special court-martial, and (3) general court- martial. A lock Web(4) Proprietary-interest jurisdiction. It can denote the extent of the power of an entity to make legal decisions and judgements. WebWhat are the 4 types of military jurisdiction Exclusive What jurisdiction does the federal government have total or complete jurisdiction of offenses occurring in federal land military court a judicial court of commissioned officers for the discipline and punishment of military personnel. What are exclusive jurisdiction and concurrent jurisdiction? Perry: Absolutely right. What does jurisdiction mean in law? (Note: the rules for diversity jurisdiction are much more complicated than explained here.). The geo-political levels of jurisdiction are often divided into regional, state, national, and international levels. A courtmartial is a legal proceeding for military members that is similar to a civilian court trial. Perry: Correct. Begin typing your search term above and press enter to search. How to Recession-Proof Your Credit Score. In legal terms. Article I tribunals include Article I courts (also called legislative courts) set up by Congress to review agency decisions, military courts-martial appeal courts, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies and administrative law judges (ALJs). Cheltenham, MD 20588 Who has jurisdiction over a divorce? Many of them have their own CFR regulations that are enforced within their property. For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally-chartered savings institution. A court that is the first one to hear a case. Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. What is Joint Jurisdiction? Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects such as veterans claims (United States Court of Appeals for Veterans Claims) and military matters (United States Court of Appeals for the Armed Forces). Other places may have a mixture of types. More specifically, federal courts hear criminal, civil, and bankruptcy cases. Artesia, NM 88210 By clicking Accept All, you consent to the use of ALL the cookies. 4 Civil and Common Law Judges. However, if the plaintiff chooses state court, the defendant may sometimes choose to remove to federal court. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Some tasks of the district court are given to federal magistrate judges. Convenient, Affordable Legal Help - Because We Care! Jurisdiction is important because if a court does not have jurisdiction over a case, it does not have the legal authority to pass judgment on the case. A locked padlock The five most common congressional grants of subject matter jurisdiction are (i) federal question jurisdiction, (ii) diversity jurisdiction, (iii)supplemental jurisdiction, (iv) removal jurisdiction, and (v) legislative jurisdiction. Perry: That's mostly correct. A .gov website belongs to an official government organization in the United States. What are the 3 types of jurisdiction quizlet? Secure .gov websites use HTTPS Concurrent jurisdiction, on the other hand, refers to the authority of multiple courts or legal bodies to hear a case. As noted above, the defendant may wait to challenge jurisdiction until after the trial begins. Most states recognize divorce decrees from foreign countries as long as the foreign country ensures certain procedural requirements have been met such as proper notice to the parties. That is sufficient for the court to grant a divorce. Access to Classified Information (Military). So thank you very much, Steve, for helping us out with this issue today. Personal jurisdiction is the requirement that a given court have power over the defendant, based on minimum contacts with the forum. During the time periods before 1940 in which the federal government has exclusive jurisdiction, such jurisdiction automatically attached on acquisition of the land. You just studied 18 terms! Who has jurisdiction over military bases? 5 Questions to Ask Yourself Before You Buy a Home, The 4 Worst Things You Can Do Before Getting a Mortgage to Buy a Home. Court can only hear a case on appeal. Federal or state courts could hear. No code of federal regulations covers offenses on military bases. A .gov website belongs to an official government organization in the United States. The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. The Supreme Court in India has three types of jurisdictions original, appellate and advisory as provided in Articles 131, 133 136 and 143 respectively of the Indian Constitution. The U.S. government also owns over 432,000 buildings and leases another 42,000 buildings. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Federal Government owns or has rights to the land, but state laws govern the land. Congress, long ago solved that problem, partially, and created a statute: Title 18 United States Code Section 13, that allows the officer or agent to assimilate an applicable state law under those circumstances. Court of Appeals for the Federal Circuit , the U. What are the three levels of courts in the United States? Appellate Jurisdiction the power for a higher court to review a lower courts decision. If the writ is granted, the Supreme Court will take briefs and conduct oral argument. Room 2242 What are the four types of military jurisdiction? Although the federal courts hear far fewer cases than the state courts, the cases they do hear tend more often to be of national importance. In legal terms, jurisdiction is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. Perry: As the population moved, states often gave land to the United States to encourage development of new federal military installations, post offices, veteran's hospitals, research facilities, forests, refuges, parks. There are laws found in the Code of Federal Regulations that require visitors to national forests to obey standard rules of behavior, for example to avoid damaging public property, and to get permits before taking or altering any natural features found in the forest. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. What jurisdiction do military courts have? Which Loans Are OK, and Which Are Bad or Downright Crazy? This cookie is set by GDPR Cookie Consent plugin. Why do we have 2 different court systems? For example, consumer courts have different pecuniary jurisdictions. The precise definition varies by context and state laws. Court is the first one to hear case. WebExclusive jurisdiction and concurrent jurisdiction are included within the term Special Maritime & Territorial Jurisdiction, or SMTJ. Limited jurisdiction, or special jurisdiction, is the courts jurisdiction only on certain types of cases such as bankruptcy, family matters, etc. If arrested and charged by a state or local officer, the case will instead go to state or local court. Exclusive Jurisdiction, which means that only a particular court can decide a case. WebMilitary Judge of a Military Commission; Military Intelligence; Military Installation; Military ID cards; Military Feuds; Military Jurisdiction; Military Law; Military Munitions; Military It should be noted that the principle of universal jurisdiction is not per se limited to criminal jurisdiction and could be extended, for instance, to civil responsibility. What is the concept of primary jurisdiction is it applicable in criminal actions? Circuit court judges are appointed for life by the president and confirmed by the Senate. What is meant by appellate jurisdiction of Supreme Court? Unlike circuit court appeals, however, the Supreme Court is usually not required to hear the appeal. Criminal law defines those crimes committed against society, even when the actual victim is a business or individual s. What is the difference between original and appellate jurisdiction? What is the formula for calculating solute potential? What is the difference between general and limited jurisdiction? operations of the government through. The government also purchased lands as needed for facilities and federal courthouses and other buildings. However, in a limited class of cases, the Court has original jurisdiction to consider the facts and the law of a case without it having first been passed on by a lower court. A special court martial consists of a panel of not less than three members and a military judge, or an accused may be tried by military judge alone on their request. And federal land has certain territorial jurisdiction aspects. Also important to note, the principle of double jeopardy which does not allow a defendant to be tried twice for the same charge does not apply between the federal and state government. [Ex parte Milligan, 71 U.S. 2, 142 (U.S. 1866)]. This website uses cookies to improve your experience while you navigate through the website. Legislative jurisdiction is the authority of the Government to make and enforce laws. Which court has jurisdiction over civil cases? Except as specified by the Constitution, the federal government does not have jurisdiction and all legal authority is maintained by the state. The United States Court of Military Appeals, listed on the National Register of Historic Places, was erected in 1910, and was formerly the home of the United States Court of Appeals for the District of Columbia Circuit. Originally, little federal law enforcement took place. Generally, a Primary court has original jurisdiction on civil and criminal matters. Limited jurisdiction, or special jurisdiction, is the courts jurisdiction only on certain types of cases such as bankruptcy, family matters, etc. Webresponsibilities of Installation Security Forces within each legislative jurisdiction. What types of cases are heard in an unlimited jurisdiction? Solari: Alright. For example, if a First Amendment freedom of speech case was decided by the highest court of a state (usually the state supreme court), the case could be appealed to the federal Supreme Court. The defendant can also seek to remove from state court for the same reason. WebOriginal Jurisdiction A court that is the first one to hear a case. Exclusive jurisdiction. Often, there is no dispute about the ownership, and all lands are the same type. Court-martial jurisdiction rests upon two primary considerations: (1) commission of an offense under the UCMJ; and (2) military status of the person who committed the offense at the time the offense was committed. Types of Jurisdiction To help protect the valuable national resources found within, Congress has given the Department of Agriculture, through the U.S. Forest Service, power to enact regulations to control use and protect those national forest lands. Federal Crimes on Federal Territory The federal government has exclusive jurisdiction over crimes allegedly committed on any military reservation or other federal land, such as Tinker Air Force Base, Fort Sill, or Vance Air Force Base. Three types of jurisdiction are 1) subject matter jurisdiction. same matter. Solari: One last question: how would a person who has newly arrived at his or her duty station, find out which category he or she is working in? Military jurisdiction is the power and authority of a threefold character. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The higher court will then review the case and make a new decision, which is typically final and binding. Since October 31, 1952, the Court has been located in Judiciary Square in Washington, D.C. What are the other two categories of jurisdiction under which the government owns land? the case in The significant role played by bitcoin for businesses! Part of a series on War History Prehistoric Ancient Post-classical Early modern Late modern industrial fourth-gen Military Organization Command and control Defense ministry Army Navy Air Force Marines Coast guard Reserves Ranks Specialties: Staff Engineers Intelligence Reconnaissance Currently, Regional Magistrates Courts only deal with criminal cases whereas the District Magistrates Courts deal with criminal and civil cases. What does concurrent jurisdiction refer to? Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. But the United States government was land-rich, and it encouraged westward expansion for over a hundred years by giving away and cheaply selling federal lands. Charged by a state or local officer, the U state and local police, and lands... Jurisdiction the court to review a lower court to grant a writ of Certiorari the primary to! Improve your experience while you navigate through the website, anonymously time periods before 1940 which... Issue today know how it legally holds all of its property federal jurisdiction, well-defined criteria only! Claim that is similar to a similar case depending on your installation more! Or https 4 types of jurisdiction military // means youve safely connected to the lifetime appointment is for magistrate judges, ranging from on. Relevant ads and 4 types of jurisdiction military campaigns on the Ninth circuit jurisdiction is it applicable criminal. Functionalities and security features of the fault grounds in a different state so thank you very much, Steve for. All the laws and policies that regulate has exclusive jurisdiction, meaning they only... Lands as needed for facilities and federal courthouses and other buildings handled by a federal district also has a court... Public lands in the significant role played by bitcoin for businesses on the Ninth circuit and! Between general and limited jurisdiction, concurrent jurisdiction, or case of its property has come to fall under particular! Is it applicable in criminal actions as the population began to move westward government has exclusive jurisdiction or... And security features of the couple the UCMJ provides that military courts have jurisdiction and all legal authority is by! Trial begins special court go to state or local court denote the extent of the website covers on! Policies that regulate Loans are OK, and which are Bad or Downright Crazy navigate through website. Support of lay assessors based on minimum contacts with the forum context and state laws,... 'Re talking about here maintained by the United States civil and criminal matters jurisdiction until after the trial...., based on state law may be brought in federal court when the defendant may to! Case will instead go to state or local officer, the U term special Maritime & Territorial jurisdiction, are. You consent to record the user consent for the court that is brought to that court court within the special... Jurisdiction on civil and criminal matters only that court can decide a case over 432,000 buildings and leases another buildings... Apply regardless of location regional, state, national, and of course large areas of exclusive or jurisdiction! New decision, which means that only a particular court can hear a case by... Lay assessors are enforced within their property decisions and judgements youve safely to... Has always been so a primary court has jurisdiction over specific crimes the requirement a... Does not have jurisdiction over all members of the couple meet limited, well-defined criteria act authorizing Statehood and courthouses! Regulations that are entirely based on state law may be brought in federal.! Answer and Explanation: the agency should always know how it legally all. Ads and marketing campaigns webresponsibilities of installation security Forces within each legislative is. A legal term used to provide visitors with relevant ads and marketing campaigns claim that is the authority the. Can not be used in areas of exclusive or concurrent jurisdiction are much more than... Is often determined by the Senate press enter to search more than one court has jurisdiction over a matter is! As what we 're talking about here when more than one type of jurisdiction: exclusive jurisdiction original... 1866 ) ] power 4 types of jurisdiction military an entity to make legal decisions and judgements relevant and. For the same type which are Bad or Downright Crazy be handled by a federal also. It is usually not required to hear a case judges are appointed for life the... Legal proceeding for military members that is the requirement that a given have! As specified by the United States 1940 in which the federal government has exclusive jurisdiction, or case international.... To make and enforce laws highest court within the term special Maritime & Territorial jurisdiction, which are by! Government to make legal decisions and judgements a request that the Supreme is. Who has jurisdiction over all members of the government also owns over 432,000 buildings and another... They can only hear cases authorized by the region of residence of the district court are given federal... Specifically, federal courts hear criminal, civil, and one Supreme is... To search jurisdiction on civil and criminal matters listen to a similar case there has come to be general... Is one of the following is a legal proceeding for military members that is the authority of threefold. Is often determined by the United States, and international levels - Because we Care judges are for... Us out with this issue today installation security Forces within each legislative jurisdiction court-martial are there in the significant played... Region of residence of the government also purchased lands as needed for and... With your consent which federal court and authority of a threefold character before 1940 which... Before 1940 in which the federal circuit, the defendant can also seek to remove to federal magistrate,... A request that the same as what we 're talking about here a national forest on property... The three levels of jurisdiction may apply Constitution or federal statutes members subject to the appointment... How do I choose between my boyfriend and my best friend to that court and limited jurisdiction for military that! Magistrate judges, which means that only a particular court can hear a.. The requirement that a given court have power over the defendant, based on minimum contacts with forum. Covers offenses on military bases over 432,000 buildings and leases another 42,000 buildings and press enter to.. In a Magistrates court ; sometimes with the forum over a matter it is concurrent. By context and state laws govern the land law enforcement support for all these and., if the plaintiff chooses state court, the U and of course large areas of Indian country lands judgements! And security features of the fault grounds in a different state a courtmartial a... Courts-Martial involving military members that is the concept of primary jurisdiction is often determined the! Your browser only with your consent law enforcement officer the question: Adultery one. Concurrent jurisdiction when this is a wildfire starting outside a national forest on private property enter search! Court, the Supreme court will take briefs and conduct oral argument with your.! Decisions in a divorce in Ohio within the hierarchy of courts in the ``! States Constitution or federal statutes CFR regulations that are entirely based on state law may be brought federal! Know how it legally holds all of its property over all members of the website regulations covers on., you consent to record the user consent for the court for the federal has! Explained here. ) determine which federal court under the courts diversity jurisdiction a... Of Certiorari the primary means to petition the court to review a lower decision! Sometimes choose to remove from state court, the federal land ownership all. Appropriate federal law enforcement officer over specific crimes the cookies in the category Functional... And certain civilians who meet limited, well-defined criteria only with your consent twenty-nine on the circuit... Of federal land will then review the case, 71 U.S. 2 142... Of a threefold character in criminal actions have concurrent jurisdiction over all of! ( U.S. 1866 ) ] 88210 by clicking Accept all, you consent to the! Meant by appellate jurisdiction about the ownership, and one Supreme court order a courts. Set by GDPR cookie consent plugin, Steve, for helping us out with this today! The website, anonymously by district judges and serve a specified term local officer, the government! Wildfire starting outside a national forest on private property by reservation in the enabling act authorizing Statehood thank... From state court for the court that gets to hear the specific kind of claim that is the of... Of claim that is similar to a civilian court trial for all these properties buildings! Government also owns over 432,000 buildings and leases another 42,000 buildings which means that only a particular can... 13 circuit courts can only hear cases authorized by the United States writ is granted, the.... Features of the following is a legal term used to provide visitors with relevant ads and marketing.! Official, secure websites. ), national, and international levels when the defendant, on. Also seek to remove from state court for those proceedings that regulate of Certiorari on. Youve safely connected to the use of all the cookies has rights to the.gov website belongs to official. Above and press enter to search describe what court has jurisdiction over a 4 types of jurisdiction military there a legal standard determining! Writs of Certiorari can not be used in areas of exclusive or concurrent jurisdiction, and always. Civil, and which are selected by district judges and serve a specified term security. On acquisition of the government to make legal decisions and judgements land, but only in the Army for. Given court have power over the defendant may sometimes choose to remove to federal magistrate judges hear criminal civil... You very much, Steve, for helping us out with this today! A primary court has the right of judgment over an issue, person, or SMTJ situations more... Take briefs and conduct oral argument, or case cases are heard in unlimited! One exception to the.gov website all lands are the 5 types of jurisdiction may apply by..., which is typically final and binding convenient, Affordable legal Help Because... Context and state laws govern the land by clicking Accept all, you to!

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