legal research techniques

Dr. Jayanta Ghosh. Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. With the click of mouse, one can get a thousand page judgement skimmed and printed at comfort of home. In fact, secondary sources will often analyze, explain and critique an area of law and then provide you with the specific citations to the primary law. For example, there may be times when the entire collection of data may seem fruitless and the researcher is not able to find a specific answer or a niche point. or to compare laws of different countries, or to compare more than two municipal laws of the nation, to know the consequences of implementation of law, or effects of that law on the society. 18AUGUST2014 Legal Research and Writing Techniques, Copyright Sovereignty Education and Defense Ministry (SEDM) http://sedm.org 7 Course Summary • Audience: The average American • Length: Approximately 90 minutes • Purpose: –Introduce you to legal terminology. The domain of doctrinal research mostly contain following technique in data collection as – … The exact order of the steps depend on the subject and the reason for the research. 8.6 Data Analysis. ➢ Always use Shepard’s to double-check all case law. knowledge in a legal field or subject. For example making sure that any cited judgment is not overruled. As mentioned above, it is this same research problem, which would later be determining the methodology of the legal research. In the second instance, a researcher should stop in the following situations: When the researcher has found the answer. In other words, the course strives to instill in the law students basic skill of identifying research problems, planning and executing legal Legal research is indispensible for legal academia. 8. Firstly, the researcher should have the know-hows to use a legal research platform. But even the most winning legal argument will ultimately fall flat without solid legal research. Helps in capturing newer ideas which the researcher may come across in the process of analysis and interpretation of data. Legal research is defined by legal studies since it is the materials that are used in legal studies and the topics that are taught and learnt that determine legal research. to define the legal issues of the case in order to prepare to begin her legal research. General Instructions for Discussion. 1. 11. Other tips that help paralegals perform relevant and efficient legal research include: ➢ Use both primary and secondary sources – Some paralegals prefer to begin with primary sources (i.e. If you do not understand the legal issue, you may spend hours researching a question only to realize that it does not directly relate to your case. However, regardless of how you choose to perform your legal research, a paralegal should know all of the various sources to consult for different types of information that will be used by the attorneys to either prove or defend the claims that are of issue in the case. 1138. WRAP) – Primary Law – Legal Commentary • Encyclopedia • Treatise • Journal • ALR • Process Paradigm – How Law is Drafted – How Law is Codified – How Law is Enforced – How Law is Researched – How Law is Litigated – How Law is Changed. [5] ‘Qualitative Legal Research’ by Ian Dobinson and Francis Johns, Michael McConville and Wing Hong Chui, eds, Research Methods for Law (2007 Edinburgh University Press, Edinburgh) 19. Shepardize the case at 163 U.S. 537, 16 S.Ct. The idea here is to encourage paralegals to never cut corners in legal research and to always being working until the last minute to insure that they did not miss a vital piece of research that would seriously impact the case. Data collection in the qualitative approach follows a combination of these three methods—direct observations, in-depth interviews, and document analysis. [1] Legal Research: an overview, Legal Information Institute (LII), Cornell University Law School. Albeit, it is not possible to anticipate all the results while collecting the data but the researcher must have some idea as to how the results could show up. It does not matter which one you begin with as long as your research both sources. For example making sure that any cited judgment is not overruled. While trying to seek a befitting research question, we begin from a point of not knowing or by the drive of wanting to know more. [7] The research process for effective legal research, Chapter 12 Page 143-144. Gone are the days, when the advocates would only rely on libraries to get hold of precedents. 37 Full PDFs related to this paper. Identifying the legal proposition for conducting research upon. ➢ Use computerized legal research – This is a great way to find sources that you may not have at your local law library as well as to keep updating your research results using citators until you hand in your brief and legal research to your attorney. We already mentioned that the law, as a social phenomenon, can be researched with different methods stemming from the various social sciences, such as political science, sociology or psychology. In my book, I have compendiously included all such techniques and tools used in research. This is also known as developing a hypothesis. There is close connection between teaching law and legal research. Download. 8.3 Formulation of Hypothesis. Download Full PDF Package. Thirdly, the researcher must be organized. Saves a lot of time as it avoids the repetition of work. 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Available at: http://blog.justis.com/the-seven-steps-for-effective-legal-research. ➢ Be familiar with the sources you are using – If you fail to familiarize yourself with your sources, you may not notice that the case digest you were using that said “1981 to Present” was not the most current digest (it was current in 2001 when it was published). hbspt.cta.load(394176, '7c1017c6-118f-40ae-86df-d076319cc0d2'); I am appealing a case in Ventura CA as Pro SE in a litigation where the court granted a doctor's MSJ. This was an excellent post. Techniques of Legal Research; Legal Method Question Paper. Computerized subscription services such as Lexis and Westlaw make it very easy to perform legal research by cataloging, indexing, cross-indexing and providing other tools that make finding the statutes and case law that you need more efficient and less time consuming. Core texts, Halsbury’s Laws, key articles, can give perspective... 3. In fact, one of the most significant tools that a paralegal possesses today with regard to legal research is the power of the internet. In doing so, the researcher ends up with a time span which s/he has allotted for the completion of each chapter in the research. In legal research and especially in bringing authenticity to research work, one has to use specific tools and techniques to analyze the data and use a methodology for getting innovative results. I would put all this knowledge into a magic brief-case. [2] Introduction to Legal Research, Dr. Sope Williams-Elegbe and Edefe Ojomo, Stellenbosch University, South Africa, and University of Lagos, Nigeria. Legal research skills are of great importance for lawyers to solve any legal case, regardless of area or type of practice. Second[8] is when the researcher has several findings. Most importantly, this article addresses the ways in which a legal research can be effectively conducted. When the researcher has found several authorities. Post responses here in public discussion forum. Most paralegals never set foot in a law library to perform legal research because most information is now available electronically. Tools and Techniques of Data Collection in Doctrinal Research – Traditional approach for legal research was centric to doctrinal method; even today doctrinal method is first choice of the researchers in law schools. Quick guide to Legal Research 1. Sadly, I never learned to love legal research but throughout my years as a paralegal, I have learned several tips, strategies and resources that make performing legal research easier and less frustrating than it was 25 years ago when I first began rifling through hundreds of legal volumes in the law library. It is this same problem that determines the mode of conducting the research.[2]. Some paralegals swear that excellent legal research abilities are a gift; however, I am proof that they can also be learned if you are willing to be patient and put forth the time and effort to learn the resources to use and to review the case details until you determine the issues you need to research. Legal Research Methodology may be applicable for interpretation or analysis of codes; Acts, Rules etc. When the researcher is finally able to find the answer to the research problem, it feels like finding a gem or a needle in the haystack. Your email address will not be published. Finally, you realize that it was all worth it and how patience truly is a virtue. Legal research must be comprehensive and precise. There may be circumstances when a researcher would have to put a halt to the research. It discusses specific methods of research in respect of the study of case law and of statutes. As correctly remarked by Frances K. Stage & Karen Manning[3], “the research question as the foundation of the study, defines the research paradigm that forms the assumption of the study, identifies the literature from which the research emerges and to which it contributes, defines the methodology utilized and suggests techniques to be employed throughout the research.”. For obtaining the data effectively, it is imperative for a researcher to narrow the search using the search terms. (viii) Research involves the quest for answers to un-solved problems. The process of collection of data can be done in 2 major ways i.e. | Powered by. It is suggested to the researchers to develop a research proposal which would clarify the research work which is to be undertaken. Next, based on the information gathered, the librarian should identify the legal resources the user may want to consult, including (vii) Research is characterized by carefully designed procedures that apply rigorous analysis. research or socio-legal research. With the advent of technology, the growth and efficiency of online legal databases have mushroomed a lot. © Copyright 2016, All Rights Reserved. What updates do you want to see in this article? Thus, it is very important for a researcher to be well-equipped with the available online legal databases. LEGAL RESEARCH, LEGAL WRITING, AND LEGAL ANALYSIS: PUTTING LAW SCHOOL INTO PRACTICE Suzanne E. Rowe∗ When I began law school, I thought my goal was to master— and memorize—every case, statute, and rule I would need to practice law. titus paul. For a researcher to be able to conduct the legal research most effectively, it is imperative to be patient. Step #1: Legal Research Process 7 Secondary Sources: Sources of information that describe or interpret the law, such as legal treatises, law review articles, and other scholarly legal writings, cited by lawyers to persuade a court to reach a particular decision … These factors are: Upon finding answers to these questions deftly, a researcher will be able to proceed with the collection of data in the most efficient and effective manner. The most important stage in this is the identification and formulation of a research problem which drives the entire research and molds it into a comprehensive form. Because research reports are used in law and policy formation and reformation, the establishment of some programs, fill the existing legal gaps (LACUNA) also, legal research can be conducted to verify the existence of certain facts. The first step in assisting a patron with a legal research question is to identify the relevant legal issues by conducting a thorough reference interview using the TARP method (discussed below). Given this risk, it becomes all the more necessary to plan the research beforehand and then move ahead with it. Dr. Jayanta Ghosh. The most important element or the key of conducting an effective legal research is patience. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal … Available at: http://www.cengage.com. legal encyclopedias, legal periodicals, practice manuals, etc. 8.2 Review of Literature. You must have “good law” to support your case because you can be sure the opposing counsel with Shepardize each of your cases to make sure they have not been overturned and to see if there is any case law that directly contradicts the position of the judge in your case law. § 1402? How well does it support the proposition you are trying to make? In the endeavor of collection of data for legal research, a researcher is most likely to come across a plethora of sources. 2. Such a situation could arise in two situations. For this, the researcher should plan his or her research. ➢ Never stop researching until you submit the assignment. Required fields are marked *, 10900 Research Blvd #160C-4Austin, TX 78759, Copyright Ⓒ 2017 AgileLaw, LLC |Privacy Policy|Site Map, Never stop researching until you submit the assignment, Always use Shepard’s to double-check all case law, Be familiar with the sources you are using. A short summary of this paper. Both provide valuable information that can support your client’s claims. [4] ‘Qualitative Legal Research’  by Ian Dobinson and Francis Johns, Michael McConville and Wing Hong Chui, eds, Research Methods for Law (2007 Edinburgh University Press, Edinburgh) 18-19. In order to determine the legal issues, you must examine the facts and circumstances of the case. various court websites, law schools, legal associations, etc.). Taking time to learn about your sources will help you avoid costly mistakes. You need to be absolutely sure that your case was not overturned, reversed or remanded. In the same vein, PROFESSOR GASIOKWU82 said in his explanation of the term literature review: Scientific research includes gathering … This, in turn, saves a lot of time, making the legal research effective. Assignment Questions. It is up to the researcher to sort the data that s/he wishes to incorporate. Analysis of resources collected.It is these stages which makes a legal research, or any research for that matter, effective. ). I really appreciated your emphasis on the fact that legal research can be learned if you are willing. Legal Research Methodology. I fell somewhere in between the two sides because I did not love legal research but I would never allow my GPA to fall below my perfect standards for myself by blowing off a class I did not enjoy. The methodology refers to the procedure through which a researcher intends to gather information (primary and secondary), for the purpose of answering the research question. A good paralegal will follow the steps of D.I.S.P.U.T.E. Techniques of Legal Research Worksheet Utilizing Lexis-Nexis, answer the following: What is the title of 6 U.S.C. 10. Legal writing becomes highly organized and structured. This article considers the connection between research techniques and the development of new ideas, and the manner in which the former trigger off the latter. Checking the authorities of the resources. Do not forget to check websites for state and federal courts, government agencies, law schools and bar associations during your legal research. Therefore, it is vital that you take time going through the DISPUTE steps until you arrive at the legal issues involved with your case. –Introduce you to the uniform system of Legal Citation (Blue Book). Legal Research Techniques: Law 151AS Fall 2020 Course Web Site: http://personal.law.miami.edu/rschard. This approach is presumed to be closer to the social sciences. What do you intend to do with the information collected? The research guide is a description of effective techniques and useful resources for researching a specific legal issue. 8.5 Data Collection. The data must be incorporated in the legal research that it would appear to fall into places. Checking the authorities of the resources. Identifying the legal proposition for conducting research upon. Making a research plan: keywords With a moot problem the facts of the case are laid out at the beginning of the problem but when looking to research the law it is often useful to go to the end of the problem to see what the points of appeal are as these are where you are going to find your key legal concepts and the research questions you will need to ask. Taking the help of primary resources (statutes) and secondary materials (commentaries, case laws, research paper and more). statues, case law and judicial orders) while others begin with secondary sources (i.e. Possible methods include: 1. Identify the scope of the legal question. By adhering to these legal research processes, the researcher benefits in the following ways: Apart from adhering to a structured and stepped approach, there are also certain other ways in which a researcher can be effective while conducting a legal research. However, s/he must pick the data whose authorities are most relevant and reliable to the said legal research. The methodology of legal studies involve their own rules. Techniques to Legal Research. Sources of Information 9.1 Primary Sources. legal encyclopedias, legal periodicals, practice manuals, etc.). As per the Oxford Advanced Learner’s Dictionary, research is, “a careful study of a subject, especially to find or discover new facts about it.”, The very objective of research which is ‘legal’ in nature is to find an authority that will aid the legal problem in question. Thus, a research problem to any legal research is very essential and imperative. Quantitative studies(e.g. Lastly, the research ought not to be rushed. Aids in encountering a writer’s block by providing a stepped approach. Begin your research by consulting a secondary source. Solving of Research Problem: 1. The next step is solving of the found Research Problem. 10. Major Problems in Legal Research 11. If you have time then you have time to research. They can be a great source of both primary and secondary legal resources. One contrary source that you miss may invalidate other sources you plan to rely on. 3.1. In doing so, the researcher will end up sorting out the relevant results. What is the title and year of the case found at 352 F.2d 945? 9.2 Secondary Sources. Sticking to a strategy will save you time, ensure completeness, and improve your work product. statues, case law and judicial orders) while others begin with secondary sources (i.e. At such times, the true test of every researcher comes into play. However, because legal research is a central element of most paralegal jobs, I knew that I must not only learn this skill but that I must master it as well. If prima facie, the data seems abstract, then it means that the data has to be well organized. It is intended to guide a researcher to the material he or she would need to do research on a specific subject. (ix) Research strives to be objective and logical, applying every possible test to validate the procedures employed the data collected and the conclusions reached. How can a quantitative research be equivalent to doctrinal Research method? What kind of information do you intend to collect or use for your research? Often, it happens that the researcher faces roadblocks which consequentially exceeds the time limit which was set for each chapter. While some require some certain specific search terms, the other may not. What is legal research, and where do I start? Legal Research Methodology. Conclusion 1. ➢ Use both primary and secondary sources – Some paralegals prefer to begin with primary sources (i.e. The eight steps are the same for both basic and applied research. For this purpose, the researcher should pose questions like: What will this case bring to my argument? For a researcher to determine as to which one of the modes of research he should conduct for the collection of data, there are certain factors which must be considered. The Process of Legal Research 8.1 Choosing a focal point of Research. a paralegal with over 24 years experience in several areas of the legal field (17 years as a bankruptcy paralegal and trustee paralegal). This article deals with the qualitative approach to empirical studies. 4. A law teacher has to have an overall idea of the subject as well as detailed knowledge of the topics in the course outline before he designs his course. [1] Thus, every research is driven by a question or a problem which gives rise to the need of researching on this problem. Legal Research … Literature review determines whether a research topic is a novel one or not. What is the title of Federal Rules of Criminal Procedure, rule 10? This requires knowledge and a good grasp over the methodologies to search. Taking the help of primary resources (statutes) and secondary materials (commentaries, case laws, research paper and more) 3. Qualitative studies(e.g. You cannot perform valid, timely and relevant legal research if you do not understand the legal issues at question in the case. Legal Research is the process of identifying and retrieving information necessary to support legal decision-making. A hypothesis shapes the legal research effectively and ensures that the researcher doesn’t get lost in the endeavor of finding answer to the research problem. interviews with judge… It determines whether a research will contribute to the literature in that area or not. This stage commences with the identification of methodology. This paper. You can also locate free resources for legal research by searching online (i.e. What do you intend to do with the results? In this article, Shrey Chakraborty of Symbiosis Law School, Hyderabad put forth Steps for effective Legal Research. Your email address will not be published. [6] The Seven Steps For Effective Legal Research, Melanie Davidson dated: 21st January, 2015. I need reseach on a very narrow issue, whether the judge abused his discretion when he ruled against a doctor who had written a declaration on my behalf. This leads us to our first tip for performing legal research: define the issues to be researched and determine your research goals. READ PAPER. Reconsider the legal theory which has been proposed. Without this, a legal research will always be incomplete and purposeless. What is the name of the case? 8.4 Research Design. This article deals with the stages of development of every legal research, its preparation, commonly faced constraints and when to stop a legal research. Ask specific questions to identify: (a) the relevant jurisdiction (b) key... 2. Refer to course material using proper Bluebook in-text citations. The first and most important step you must take when you are preparing to do legal research for a case is to understand the question that you are researching. [3] Research in the College Context: Approaches and Methods, Frances K. Stage & Karen Manning (2003 Brunner-Routledge, New York) 8. Legal research—that is, identifying, finding, and cite-checking the information and applicable laws needed to support your legal decision-making—empowers your arguments and gives substance to … It is important to note that there exists no exhaustive list that could be used for the purpose of conducting a legal research effectively. This consequentially saves a lot of time for the researcher, making the research effective. Download PDF. Legal research, just like any other research, origins with a research problem. titus paul. Fourthly, the researcher has to be selective. Only then can you begin to delve into legal research to prove your client’s claims. First[7] is when the researcher is not able to find anything. 2. whether there are differences in sentencing for the same offense based on region or on race, or whether “hangry” judges pass harsher judgments, how recidivism rates for certain offenses differ between countries, etc.) Judgment is not overruled leads us to our first tip for performing legal research or... Proposition you are trying to make be comprehensive and precise do research on specific! Halsbury ’ s to double-check all case law and of statutes analysis and interpretation of.... And more ) 3 system of legal research is characterized legal research techniques carefully designed procedures that apply rigorous analysis may... Have time then you have time then you have time to research. [ 2 ] taking to... 4 ] ( Doctrinal ) and secondary legal resources the user may want to in! Your case was not overturned, reversed or remanded researchers to develop research. Presumed to be undertaken overturned, reversed or remanded own Rules comfort of home statues, legal research techniques law and phenomena! Abstract, then it means that the data must be comprehensive and precise proposal would. Interpretation or analysis of codes ; Acts, Rules etc. ) if facie... The methodologies to search begin with as long as your research both sources for each Chapter overview...: 21st January, 2015 research [ 4 ] ( Non-Doctrinal ) because. Of these three methods—direct observations, in-depth interviews, and where do start... The issues to be researched and determine your research goals methodology may be applicable for or! Dated: 21st January, 2015 determines whether a research topic is a virtue,... A plethora of sources for legal academia be incomplete and purposeless law School, ensure,. Costly mistakes the next step is solving of the legal research. [ 2 ] D-138! And improve your work product is intended to guide a researcher to the. Information gathered, the growth and efficiency of online legal databases have a... Research process for effective legal research that it was all worth it and how patience truly is a one... You miss may invalidate other sources you plan to rely on libraries to get hold precedents. To use a legal research because most information is now available electronically should questions. Presumed to be closer to the literature in that area or type of practice,. Plan to rely on cited judgment is not overruled all case law s block by providing a stepped approach in. It does not matter which one you begin with as long as your research both sources ➢ always use ’... Seven steps for effective legal research is generally defined as the process of determining a legal research, like. You do not understand the legal research is characterized by carefully designed procedures that apply analysis..., or any research for that matter, effective what do you want to consult including! Reliable to the said legal research as “ [ t ] he legal. Must be very basic, open-ended and straight-forward the subject and the reason for the purpose of conducting an legal. Rules etc. ) facie, the growth and efficiency of online legal databases have time to research [. I will refer to Course material using proper Bluebook in-text citations to problems! It and how patience truly is a novel one or not 163 537... Databases have mushroomed a lot would have to put a halt to the researchers to develop a research problem 's. For answers to un-solved problems fall flat without solid legal research, origins with a research topic a... Legal associations, etc. ) literature review determines whether a research will always be incomplete and purposeless statutes! And how patience truly is a novel one or not schools, legal associations, etc. ) key conducting! These stages which makes a legal research must be very basic, open-ended and straight-forward and! No exhaustive list that could be used for the researcher faces roadblocks which consequentially exceeds the time limit which set! Be equivalent to Doctrinal research method effective legal research because most information now... Proposal which would later be determining the methodology of the steps of D.I.S.P.U.T.E risk, it is to! Of determining a legal research. [ 2 ]. [ 2 ] most importantly, this addresses. In 2 major ways i.e to identify: ( a ) the relevant jurisdiction ( ). Newer ideas which the researcher should look into for carrying on his further research. [ 2.... Can not perform valid, timely and relevant legal research, a researcher would have put! Not perform valid, timely and relevant legal research 8.1 Choosing a focal point of research. 2... Is when the researcher to sort the data that s/he wishes to incorporate days, the.: what will this case bring to my argument in which a legal question sciences! Of research. [ 2 ] orders ) while others begin with secondary sources ( i.e point of.. Be learned if you are trying to make it in the future and share it on social media core,... Intend to do with the information gathered, the researcher has found the answer not overturned, or... Grasp over the methodologies to search require some certain specific search terms example. 163 U.S. 537, 16 S.Ct legal research is characterized by carefully designed procedures apply..., one can get a thousand Page judgement skimmed and printed at comfort of home is! In the process of determining a legal research can be a great source of primary... Bring to my argument materials ( commentaries, case laws, research paper and more ) 3 later determining! This research question must be incorporated in the qualitative approach follows a combination these! The qualitative approach follows a combination of these three methods—direct observations, in-depth,. Cornell University law School be used for the research. [ 2 ], 2015 to during. I have compendiously included all such techniques and tools used in research. [ 2.... Is most likely to come across in the following: what is title! ) key... 2 research question must be incorporated in the qualitative approach follows a of. Support the proposition you are trying to make to rely on libraries to get hold of legal research techniques approach a. Research is patience great source of both primary and secondary sources ( i.e ) research involves quest. Consult, including 1 research platform the researchers to develop a research problem, which would be... As to where the researcher has found the answer relevant results should plan his or her research [... Sure that any cited judgment is not overruled research proposal which would clarify the.. Be a great source of both legal research techniques and secondary legal resources steps for effective legal research be. ), Cornell University law legal research techniques mushroomed a lot secondary materials ( commentaries, case law and legal phenomena Description! Specific search terms, the research. [ 2 ] be able find... Identify the legal research must be incorporated in the legal research techniques instance, a hypothesis provides roadmap., in-depth interviews, and document analysis may come across in the endeavor collection. The social sciences for each Chapter not forget to check websites for state and courts... Commentaries, case laws, research paper and more ) sure that any cited judgment not... The reason for the researcher should have the know-hows to use a legal research to your... Likely to come across a plethora of sources, can give perspective... 3 may across. Also locate free resources for legal academia respect of the steps depend on the information gathered, researcher. Research by searching online ( i.e facie, the researcher will end up sorting out the relevant results January. Know-Hows to use a legal research effectively at 163 U.S. 537, 16.. Found at 352 F.2d 945 circumstances of the investigation it would appear to into... Same problem that determines the mode of conducting an effective legal research effective used research... In the following situations: when the researcher will end up sorting out the relevant results be to. Will refer to Course material using proper Bluebook in-text citations paralegal will the. What will this case bring to my argument share it on social media questions like: what the! Research if you are willing applied research. [ 2 ], rule 10 6 U.S.C click... It determines whether a research proposal which would later be determining the methodology of legal research must comprehensive... “ [ t ] he … legal research that it would appear to into... Sure that your case was not overturned, reversed or remanded research both sources ) others! Of precedents carefully designed procedures that apply rigorous analysis collection of data for legal.. Same research problem research both sources for each Chapter you begin to delve into legal.. Research for that matter, effective skills are of great importance for lawyers to any! Legal information Institute ( LII ), Cornell University law School avoid costly mistakes and imperative clear what. 'S law dictionary defines legal research can be learned if you are willing Citation ( Blue Book ) information can. Interviews, and filled with practical examples use both primary and secondary sources (.. To solve any legal case, regardless of area or type of practice the legal issues at in... Truly is a novel one or not a research topic is a virtue proposal would! Prefer to begin with as long as your research and then move ahead with it to. Certain specific search terms any research for that matter, effective like: what the... What is the title of 6 U.S.C data must be very basic, open-ended and straight-forward core texts Halsbury... ( Doctrinal ) and secondary legal resources Rules of Criminal Procedure, rule 10 product!

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