In the law of evidence , a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption. The invocation of a presumption ... as to whether a child was really the issue of someone who had left money in a will, the presumption ... 61. ref types Rebuttable presumption , Conclusive presumption examples of presumption without basic facts Presumption of innocence ref Technically, the presumption of innocence is not a presumption ..., which in the United States is generally beyond a reasonable doubt in criminal cases . See presumption of innocence . ref example of presumption with basic facts Death in absentia , e.g. law says ... common law jurisdictions. Examples of these presumptions include The presumption of death . A person ... The time period it takes for the presumption to arise has often been modified by statute. ref E.g. Ind. Code 29 2 5 1. ref The presumption of innocence , which holds that the prosecution bears the burden ... the prosecution has made a prima facie case. The presumption of legitimacy or presumption of paternity ... . ref E.g. Ind. Code 31 14 7 1. ref Some jurisdictions also hold that a presumption of paternity arises .... ref E.g. Ind. Code 31 14 7 2. ref A presumption of survivorship has referred to a number of different .... ed., 1979 West Publishing Co., ISBN 0 8299 2041 2 , p. 1068, Presumption of survivorship ref The presumption ... put into the fund upon the death of one of the joint account holders has also been called the presumption of survivorship . ref E.g. Matter of Estate of Banko , 622 N.E.2d 476 Ind. 1993 ref The presumption ..., Inc. v. Indiana Dept. of State Revenue , 896 N.E.2d 1253 Ind.Tax 2008 ref The presumption of fraud .... denied ref The presumption of validity is another way of expressing a burden of proof the official acts of courts are presumed to be valid, and those who would challenge them must overcome this presumption ... more details
Both in common law and in civil law legal system civil law , a rebuttable presumption in Latin , praesumptio iuris tantum is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and Evidence law prove otherwise. For example, a defendant in a criminal case is presumption of innocence presumed innocent until proved guilty . A rebuttable presumption is often associated with prima facie evidence. Rebuttable presumptions in criminal law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases. For example, in the United Kingdom , http www.statutelaw.gov.uk content.aspx?LegType All Legislation&title Sexual Offences Act 2003 &searchEnacted 0&extentMatchOnly 0&confersPower 0&blanketAmendment 0&sortAlpha 0&TYPE QS&PageNumber 1&NavFrom 0&parentActiveTextDocId 820904&ActiveTextDocId 821002&filesize 3558 Section 75 of the Sexual Offences Act 2003 makes the rebuttable presumption that a person who is unconscious or asleep cannot consent criminal law consent to sexual activity. See also Wiktionary presumption Legal burden of proof Conclusive presumption Conclusive irrebuttable presumption Prima facie law term stub Category Evidence law Category English law uk ... more details
Globalize date August 2011 A conclusive presumption also known as an irrebuttable presumption is a type of presumption used in several legal systems. England and Wales In English law , a conclusive presumption is a presumption of law that cannot be rebuttal rebutted by evidence law evidence and must be taken to be the case whatever the evidence to the contrary. For example, the doli incapax rule conclusively presumes that a child less than ten years old cannot be held legally responsible for his or her actions, and so cannot be convicted of committing a criminal offence . The age was seven at common law , and raised by the Children and Young Persons Act 1933 to eight section 50 and by the Children and Young Persons Act 1963 to ten. A similar rebuttable presumption , that a child between the ages of ten and fourteen was not capable of committing a criminal offence, was abolished by the Crime and Disorder Act 1998 . Now the age of defense of infancy criminal responsibility in England and Wales is 10. See also Rebuttable presumptionPresumption of fact References Phillips, John M., http www.jstor.org pss 1228272 Irrebuttable Presumptions An Illusory Analysis , 1975 27 Stanford Law Review 449 Reflist Use dmy dates date August 2011 Category English law Category Evidence law de Doli incapax fr Pr somption irr fragable en droit fran ais tr Doli incapax ... more details
A presumption of constitutionality shifts the Legal burden of proof burden of proof from the government to the citizen, requiring them to prove that a statute is unconstitutional . In Federalist 78 , Alexander Hamilton wrote that courts should only be able strike down a statute as unconstitutional if there is an irreconcilable variance between the statute and the Constitution. ref Hamilton, Alexander. http www.constitution.org fed federa78.htm Federalist 78 1788 06 14 . ref Otherwise, a statute should be upheld. Likewise, at the 1787 Philadelphia Convention , Virginia delegate George Mason said that judges could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as Judges to give it a free course. ref http press pubs.uchicago.edu founders documents a1 7 2 3s4.html Founders Constitution, Article 1, Section 7, Clauses 2 and 3 , Records of the Federal Convention 1787 06 04 . ref Professor Randy Barnett argues that such a presumption is itself unconstitutional, and suggests that government should be forced to prove that laws violating liberty are necessary and proper, in what he calls the presumption of liberty . ref Barnett, Randy. Restoring the Lost Constitution Restoring the Lost Constitution The Presumption of Liberty Princeton University Press 2004 . ref See also Judicial review Judicial review in the United States List of legal doctrines References references Category Legal doctrines and principles Category Constitutional law ... more details
The presumption of legitimacy is a common law rule of evidence that states that a child born within the subsistence of a marriage is deemed to be the child of the husband. Early history Paternity has been considered a historically important issue in determining the law of succession rules of succession . ref name LSU Cite web url http biotech.law.lsu.edu Books lbb x650.htm title The Presumption of Legitimacy publisher biotech.law.lsu.edu accessdate 2010 06 12 ref Bastard Law of England and Wales Illegitimate children were originally debarred from inheriting a monarchy, nobility title or property. References Reflist Category Family law Law stub de Vaterschaftsvermutung pl Domniemanie ojcostwa ... more details
About the detective novel the legal term often called presumption of death Death in absentia Unreferenced date January 2010 Infobox Book See Wikipedia WikiProject Novels or Wikipedia WikiProject Books name A Presumption of Death title orig translator image Image APresumptionOfDeath.jpg 200px Early paperback edition cover image caption Early paperback edition cover author Jill Paton Walsh cover artist country United Kingdom language English language English series Lord Peter Wimsey genre crime fiction Crime novel publisher Hodder & Stoughton Hodder & Stoughton Ltd release date November 2002 media type Print hardback & paperback pages isbn 0 340 82065 9 oclc 59499647 preceded by Thrones, Dominations followed by The Attenbury Emeralds A Presumption of Death is a mystery novel by Jill Paton Walsh , based loosely on The Wimsey Papers by Dorothy L. Sayers . The Wimsey Papers were a series of articles published by Sayers during World War II, purporting to be letters written between the various Wimseys during the war similar to Busman s Honeymoon , Sayers s last completed Wimsey novel, the novel s prologue consists entirely of selections from these letters . Plot Harriet has evacuated her family to the Wimseys country house, Talboys in Hertfordshire , taking her two children, along with the three children of her sister in law, Lady Mary, and Peter s venerable old housekeeper, Mrs. Trapp. Peter and Mervyn Bunter Bunter are away on an undercover assignment. During a practice air raid, a young woman is murdered in the village, and Superintendent police Superintendent Kirk recruits Harriet to help solve the murder, partly because the police are too busy organizing all the changes necessitated by the war and partly because as the wife of a detective, and as a crime novelist, she is the best ... tie up. External links http planetpeschel.com wp the wimsey annotations a presumption of death Annotations to A Presumption of Death DEFAULTSORT Presumption Of Death, A Category 2002 novels Category ... more details
Criminal procedure trial The presumption of innocence , sometimes referred to by the List of legal Latin terms Latin expression Ei incumbit probatio qui dicit, non qui negat , is the principle that one is considered innocent until proven guilty . Application of this principle is a legal Rights right of the accused in a Criminal procedure criminal trial , recognised in many nations. The Legal burden ... 189 title National Constitutional Law Related to Article 48 Presumption of Innocence and Right ... Code de proc dure p nale, article pr liminaire fr icon ref Meaning Presumption of innocence serves ... 1980 publisher Simon & Schuster location New York isbn page needed pages url accessdate ref The presumption ... that automatically attaches at trial. ref Coffin v. United States , ussc 156 432 1895 the presumption ... that the trier of fact , be it a juror or judge, begin with the presumption that the state ... of three related rules govern the procedure of criminal trials. The presumption means ref name Mueller ... Constitution of the United States does not cite it explicitly, presumption of innocence is widely ... the guarantees necessary for their defence . The presumption of innocence in modern practice Image 07CFREU ... Union affirms the right to the presumption of innocence Some legal systems have employed de jure ... of presumption of guilt generally do not imply an actual legal presumption of guilt, but rather denounce ... if the defendant is imprisoned. Guaranteeing the presumption of innocence extends beyond the judicial ... defence argumentation may in practice constitute presumption of guilt. Publishing a roster of arrested ... employer, friends and neighbors. Modern practices aimed at curing social ills may run against presumption ... that some dispositions of laws against sexual harassment or racial discrimination show a presumption ... francois quintard morenas 1 The Presumption of Innocence in the French and Anglo American Legal ... Justice Denied magazine reports on the miscarriages of justice that occur when the presumption ... more details
The presumption of regularity ref For this name, see Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86 ref is a presumption that forms part of the law of evidence of England and Wales . It is expressed by the Legal maxim maxim of law ref Archbold Criminal Pleading, Evidence and Practice , 1999, para 10 5 at p. 1130 ref omnia praesumuntur rite et solemniter essa acta donec probetur in contrarium , ref For this version, see Archbold Criminal Pleading, Evidence and Practice , 1999, para 10 5 at p. 1130 ref which may be shortened to omnia praesumuntur rite et solemniter essa acta ref For this version, see Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86 ref or omnia praesumuntur rite essa acta . ref For this version, see Archbold Criminal Pleading, Evidence and Practice , 1999, para 10 5 at p. 1130 ref Official actions Where it has been proved that an official act has been done, it will be presumed, until the contrary is proved, that the said act complied with any necessary formalities and that the person who did it was duly appointed . ref Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86 ref ref Archbold Criminal Pleading, Evidence and Practice , 1999, para 10 5 at p. 1130 ref This is a presumption of law . ref Archbold Criminal Pleading, Evidence and Practice , 1999, p. 1130, see heading B to paras. 10 4 and 10 5 ref The following cases are relevant to this presumption R v Gordon 1789 1 Leach 515, 1789 1 East PC 315 R v Jones 1806 31 St Tr 251, 1806 2 Camp 131 R v Verelst 1813 3 Camp 432 R v Catesby 1824 2 B & C 814, 1824 4 Dow & Ry KB 434, 1824 2 Dow & Ry MC 278 R v Rees 1834 6 C & P 606 R v Murphy 1837 8 C & P 297 R v Townsend 1841 C & Mar 178 R v Newton 1843 1 C & K 469 R v Manwaring 1856 26 LJMC 10, 1856 Dears & B 132, 1856 ... more details
The Presumption of Stanley Hay, MP is a 1925 Cinema of the United Kingdom British silent film silent drama film directed by Sinclair Hill and starring David Hawthorne , Betty Faire , Fred Raynham and Kinsey Peile . ref http ftvdb.bfi.org.uk sift title 47023 ref It is adapted from a novel by Nowell Kaye . Cast David Hawthorne Stanley Hay Betty Faire Princess Berenice Fred Raynham Baron Hertzog Kinsey Peile The King Nelson Ramsey The Spy Dora De Winton Lady Barmouth Madame d Esterre Madame de Vere Eric Bransby Williams Honorable Member References references External links imdb title 0239834 CinemaoftheUK Sinclair Hill DEFAULTSORT Presumption Category 1925 films Category British films Category English language films Category Films directed by Sinclair Hill Category 1920s drama films Category British drama films Category Films based on novels 1920s UK film stub ... more details
WAP assignment course Wikipedia Canada Education Program Courses Intellectual Property Copyright, Trademark and Patent Ariel Katz university University of Toronto term 2011 Q3 project WikiProject Wikipedia Canadian patent law Patent law The presumption of validity refers to the fact that, once a patent has been issued, the courts will presume that it is valid, unless there is evidence to the contrary. Canada Section 43 2 of the Canadian Patent Act Patent Act ref http laws lois.justice.gc.ca eng acts P 4 index.html Canadian Patent Act , RSC 1985, c P 4, s 43 2 . ref creates the presumption of validity After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term mentioned in section 44 or 45, whichever is applicable. In Diversified Products Corp v Tye Sil Corp , the Federal Court of Appeal held that the presumption of validity merely gives rise to an evidential burden on a balance of probabilities. References reflist Category Canadian patent law canadian law ... more details
orphan date December 2011 Infobox Court Case name Diversified Products Corp. v. Tye Sil Corp. court Federal Court of Appeal Canada Federal Court of Appeal image imagesize imagelink imagealt caption full name date decided February 7, 1991 citations 1991 F.C.J. No. 124, 35 C.P.R. 3d 350 transcripts judges Pratte, Marceau, and D cary JJ.A. prior actions subsequent actions opinions D cary J.A., concurrence by Marceau J.A. keywords Patent, Presumption of Validity, Anticipation, Obviousness Diversified Products Corp. v. Tye Sil Corp. is a Canadian Federal Court of Appeal Canada Federal Court of Appeal decision concerning the presumption of validity in Canadian patent law and novelty. Presumption of validity The Court of Appeal considered the effect of the presumption of validity of a registered patent. Section 45 of the Patent Act provides that a patent granted under the Act is valid in the absence of any evidence to the contrary . The trial judge had adopted a high standard for rebutting the presumption, where the onus to disprove the presumption is not an easy one to discharge . D cary J.A., for the Court, rejected this approach. The Court of Appeal concluded that the presumption of validity merely gives rise to an evidentiary burden on a balance of probabilities. Novelty The Court of Appeal cited with approval jurisprudence that stands for the proposition that an impractical and inoperable device cannot be an anticipation . The invention dealt with a conventional rowing machine usable in an upright position. The Court found that the prior art, which was an exercise machine, was impracticable and inoperable in the vertical position. Consequently, the patent was not anticipated. Non obviousness The Court further determined that the invention was not obvious. See also Presumption of validity in Canadian patent law Novelty and non obviousness in Canadian patent law Category Federal Court of Canada Category Canadian patent case law ... more details
Infobox Court Case name Tribe v Tribe court Court of Appeal image caption date decided full name citations 1995 http www.bailii.org ew cases EWCA Civ 1995 20.html EWCA Civ 20 , 1996 Ch 107 judges prior actions subsequent actions opinions transcripts keywords Illegality, presumption, shares Tribe v Tribe 1995 http www.bailii.org ew cases EWCA Civ 1995 20.html EWCA Civ 20 is an English trusts law case, concerning resulting trusts , the presumption of advancement and Illegality in English law illegality . Facts A father transferred company shares to his son presumption of advancement to preserve them for the family s benefit because he could be soon liable for dilapidations under commercial leases. It turned out he was not liable. The son refused to re transfer shares. Judgment The Court of Appeal held that the father could demand return of the shares, because his illegal scheme had not in fact been carried into effect. Millett LJ said it was true that an illegal purpose cannot rebut the presumption of advancement, but because the illegal purpose had not been carried out, the father was not precluded of pleading the purpose to claim a resulting trust. See also Clist resulting trusts English trusts law Notes reflist 2 References External links Category English trusts case law ... more details
the presumption of resulting trust applies, in order to establish any claim the plaintiff has himself to lead evidence sufficient to rebut the presumption of gift and in so doing will normally have ... more details
considered resulting trusts. or he might not be in the existence,Re Vandervall case Presumption ... a rebuttable presumption of gift for property transfers between relatives. Said presumption may ... presumption of gift affects transfers between siblings, uncles, aunts, children, and grandchildren. A notable exception to the presumption of gift is for property transfers between husband and wife transmutations refer to changes in intestacy . The marital exception to presumption of gift arises ... the law creates a rebuttable presumption of a resulting trust applying if the intention is not made ... giving rise to a presumption of a resulting trust are Where A makes a voluntary conveyance ... was admissible. On the other hand, the presumption is solely concerned with evidence of an intent ... social security payments it was held that this did not defeat the presumption of a resulting trust. The fact that is being proved by the presumption of a resulting trust is the intention to create a trust ... in Westdeutsche Landesbank v Council of London Borough of Islington 1996 AC 669 ...the presumption ... by evidence of an intention to make a gift. Some have argued that this presumption arises as a result ... there is no mention of any expression of intention in any instrument, or of any presumption of a resulting ... presumption will arise. It may be more or less easy to rebut a presumption than to disprove an intention ... more details
wiktionary given A given is an assumption that is believed to be unquestionably true. Given may further refer to Given, West Virginia , United States Shay Given born 1976 , Irish footballer Given Imaging , an Israeli medical technology company A Given mathematics is a presumed presumption , assumed hypothesis , or definition in mathematics, statistics, or logic. See also GAVE disambiguation Give disambiguation Given name Givens surname Giver Giving disambiguation disambig Category Surnames ... more details
In literature , the term Gothic double refers to an essential duality within a single character on the further presumption that this duality centers on the polarity of good and evil . An example of this could be Robert Louis Stevenson s Strange Case of Dr Jekyll and Mr Hyde . External links http www.americanpopularculture.com journal articles spring 2003 strengell.htm The Monster Never Dies An Analysis of the Gothic Double in Stephen King s Oeuvre http www.gothlit.com Gothic Poets and Writers Literary Club literature stub Category Literary concepts ... more details
Image peake 1823 play.jpg thumb right Cover of Peakes Presumption or, the Fate of Frankenstein 1823 Image Peake Frankenstein Playbill.jpg thumb right Playbill from 1823 advertising Presumption or, the Fate of Frankenstein Richard Brinsley Peake 19 February 1792 &ndash 4 October 1847 was a playwright dramatist of the early nineteenth century best remembered today for his 1823 play Presumption or, the Fate of Frankenstein , a work based on the novel Frankenstein by Mary Shelley . Early life Richard Brinsley Peake was born in Gerard Street in Soho , London , the son of Richard Peake, who for forty years worked in the Treasury Office of the Theatre Royal, Drury Lane in London. He was named after the playwright Richard Brinsley Sheridan , who was a friend of his father. ref name ODNB John Russell Stephens, Peake, Richard Brinsley 1792 1847 , Oxford Dictionary of National Biography, Oxford University Press, 2004 http www.oxforddnb.com view article 21684, accessed 28 April 2011 ref From 1809 to 1817 Peake was an apprentice with the engraver James Heath engraver James Heath . On leaving Heath s employ in 1817 Peake began to write for the theatre his first play was The Bridge that Carries Us Safe Over , produced at the Lyceum Theatre, London English Opera House in 1817, and which was quickly followed by a farce, Wanted, a Governess . Writing career For the next forty years Peake wrote burlesque ... The Meltonians was described as a perfectly illegitimate drama and extravaganza. His 1823 play Presumption ... http shelleysghost.bodleian.ox.ac.uk playbill for presumption Playbill for Presumption or, The Fate .... ref http books.google.co.uk books?id qykBJvG0iJQC&pg PA3&lpg PA3&dq Presumption or, the Fate of Frankenstein ...&sa X&oi book result&ct result&resnum 10&ved 0CFQQ6AEwCQ v onepage&q Presumption 3B 20or 2C ... editions peake play act1.html Text of Presumption or, the Fate of Frankenstein University of Maryland website http www.rc.umd.edu editions peake apparatus images.html Portraits of the cast of Presumption ... more details
itself, whereas the presumption of innocence is one of the instruments of proof, going to bring about ... as to the proof admitted. The evolution of the principle of the presumption of innocence, and its ... Vicki S. authorlink coauthors Shaver, Kelly G. year 1990 month title Presumption of Innocence Congruence ... more details
In Scotland a right of way is defined ref http www.snh.org.uk pdfs access sr sprow.pdf Rights of way in Scotland Scottish Natural Heritage ref as any defined route over which the public has been able to pass unhindered for at least 20 years. The route must link two public places , such as villages, churches or roads. Unlike in Rights of way in England and Wales England and Wales there is no obligation on Scottish Local government of Scotland local authorities to signpost or mark a right of way. However the charity Scotways , formed in 1845 to protect rights of ways, records and signs the routes. There is no legal distinction between footpath s and bridleway s in Scotland, though it is generally accepted that cyclists and horseriders may follow rights of way with suitable surfaces. The Land Reform Act Scotland 2003 established a general presumption of access to all land in Scotland, making the existence of rights of way less important in terms of access to land in Scotland. Certain categories of land are excluded from this presumption of open access such as railway land, airfields and private gardens. References reflist See also Freedom to roam Scots law External links http www.scotways.com Scotways Agriculture in the United Kingdom Category Scottish coast and countryside Category Scots law Category Footpaths in Scotland Category Walking in the United Kingdom Category Agriculture in Scotland Category Scots property law Category Freedom to roam Scotland protected area stub scotland law stub ... more details
Infobox UK legislation short title Sexual Offences Act 1993 parliament United Kingdom Parliament long title An Act to abolish the presumption of criminal law that a boy under the age of fourteen is incapable of sexual intercourse. statute book chapter 1956 c. 30 introduced by territorial extent England and Wales royal assent 20 July 1993 commencement 20 September 1993 repeal date amendments related legislation repealing legislation status Current original text use new UK LEG yes activeTextDocId 1424779 The Sexual Offences Act 1993 c.30 is an Act of Parliament Act of the Parliament of the United Kingdom that abolished the presumption that a boy under the age of fourteen is incapable of sexual intercourse. Under the Sexual Offences Act 2003 , if a boy under the age of fourteen intentionally penetrates a woman s vagina with his penis without her consent, he is guilty of rape . Prior to the passage of the Sexual Offences Act 1993, and under the former Sexual Offences Act 1956 , the boy would have been presumed physically incapable of penantrating the woman s vagina with his penis, and could not have been considered guilty of rape. See also Sexual Offences Act UK legislation References and external link reflist Category English criminal law Category Sex crimes Category United Kingdom Acts of Parliament 1993 ... more details
Paucapalea ref Also Pocopaglia. ref was a canon lawyer of the twelfth century. He produced the first commentary on the Decretum Gratiani Decretum of Gratian jurist Gratian , his teacher. ref http faculty.cua.edu Pennington 1140i p.htm ref References J. F. v. Schulte 1890 , Die Summa des Paucapalea ber das Decretum Gratiani Notes references External links http www.womenpriests.org theology paucapal.asp On women http classes.maxwell.syr.edu his381 InnocentuntilGuilty.htm Presumption of innocence http faculty.cua.edu Pennington Due 20Process 20Rome 202004 Paucapalea.htm Category Canon law jurists Category 12th century people it Paucapalea la Paucapalea ... more details
Special review , formerly known as Rebuttable Presumption Against Registration RPAR , is a regulatory process in the United States through which existing pesticides suspected of posing unreasonable risks to human health, non target organisms, or the environment are referred for review by the EPA. Such review requires an intensive risk benefit analysis with opportunity for public comment. If risk is found to outweigh social and economic benefits, regulatory actions ranging from label revisions and use restriction to cancellation or suspended registration can be initiated. References CRS article Report for Congress Agriculture A Glossary of Terms, Programs, and Laws, 2005 Edition url http ncseonline.org nle crsreports 05jun 97 905.pdf author Jasper Womach Category Environmental effects of pesticides ... more details
mergeto Atari Corporation date May 2012 The Atari Mirai was an unreleased Video game console console , supposedly designed by Atari . Very little information exists concerning the Mirai, but there are several speculation circulating around the Internet internet . It has been assumed that the console would have been based on Atari s Atari ST ST line of 16 bit 16 32 bit 32 Bit bit Computer computers . Another presumption is that, due to the Mirai s large ROM cartridge cartridge slot and the console s name, which is Japanese language Japanese for future , the console was the prototype result of SNK Playmore SNK and Atari to bring a more affordable Neo Geo system Neo Geo to the marketplace, but again, this is only speculation. See also References Atari Mirai. AGH Museum. Retrieved 2012 04 30. ... more details
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