The Gratuitous Promise

The Gratuitous Promise: not worth anything, but I'm making it anyway!.........My thoughts as a stay-at-home mom turned law student, who just passed the California bar exam.

Monday, July 30, 2007

If You're Making Calls From Jail....

the recording tells you as you are making that collect call that the calls are recorded and monitored. BELIEVE IT! I spent all afternoon listening to recordings of some of these calls, and verifying transcripts of them for an upcoming trial. Whatever you talk about in these calls, you might as well be calling the police and telling them directly. Seriously. I told you that defendants are stupid. They are. Giving away names and numbers and details. Guess that's why they are where they are!

So, this is my last week with the DA. I wish I had time to do more there, but I'm going to get a lot done this week there, as I'm working every day. Hopefully, even with the little time I've been there, I've made a good impression and will have paved a way for a job there next year about this time.

Next week I'll be studying for the MPRE all week, getting ready for the test on Friday. This next 3 weeks I need to be reading for my classes. I've already read the first assignment for Community Property (yeah, I had nothing better to do this weekend). The first assignment for Evidence is like 300 pages long, so that will take me awhile. The Wills and Trusts assignment just got posted today, but I haven't looked up how long it is yet. Remedies and Advanced Research and Writing haven't been posted yet.

But, back to my advice- if you're the defendant, don't be so STUPID! (Or maybe I should take that back. Make my future cases easier for me!)

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Thursday, July 26, 2007

My "Baby" is 17 Today


My son's 17th birthday is today. It's hard to believe because it has all gone by so quickly. Just to have fun reminiscing for a minute, here's a picture of both of my kids from a few years ago. (Yes, I'm the type of mom who made them matching Halloween outfits, sewn by me personally!)

Aren't they sooo adorable? Of course, to me they always will be.

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Wednesday, July 25, 2007

I Feel SO Ripped Off!

After sitting in a courtroom for nearly 2 full days, the judge announced that the case had "come to a resolution" (court language for "the defendants accepted a plea bargain") and dismissed all the prospective jurors! I'm so disappointed. After sitting through all of that, I wanted to hear the evidence and put in my two cents (or more!) and help decide the fate of the 3 men on trial. At the very least, after hearing the life stories of umpteen fellow jurors, I had at least wanted the chance to make them listen to my life story. What an extremely frustrating and unsatisfying experience!

A few random notes: the case was about a traffic stop that apparently then turned into a drug bust and DUI for one of the men. There were 10 charges, among the 3 of them, with not every charge being the same for every man. Two of the three did not speak English and were wearing headsets through which they received translations from an interpreter who was there in the courtroom. That was quite annoying because even though you couldn't necessarily hear what the interpreter was saying, the noise made it hard to hear what the potential jurors were saying.

Yesterday, all 3 defendants showed up wearing button down shirts. This morning, 2 wore that again, and the third made the extremely bad choice of wearing a black t-shirt with the logo "speed and violence" on the front. Why are defendants so stupid? I noticed he had changed into a button down shirt after lunch today. Idiot.

I was most struck by how inefficient the jury selection process is. It takes forever to get very little done. If you answer anything in a suspicious way (say you aren't sure because of something in your experience that you can be impartial, or that you have a problem with people not speaking English, or know a policeman, etc.), you can expect to be grilled on that topic by the attorneys, while they at the same time let you know "how much they appreciate your honesty". Then of course, once they finish that round, they call a sidebar with the judge and kick your ass off of the jury panel as fast as they can.

It seemed silly in a way because they wanted people to be honest, and then when they were and explained any bias they had, they were told what the law was (innocent until proven guilty, blah, blah, blah) and told it was their duty to be fair and impartial and asked again if they could set aside their feelings and experiences. Most people said they could. Some were honest and said they couldn't. But they kicked them all off anyway, so it seems like it wastes so much time doing all that questioning. Why not just kick them off right away and be done with them? I know the judge is trying to determine if people really think that way, or if they are just trying to say something to get out of jury duty. But it is SO annoying to someone like me who hates wasting time. I had no idea picking a jury was so tedious.

A tip if you want to get out of jury duty for a case involving a DUI- cry when the judge asks you the first question. A juror who did that was dismissed for cause very quickly. Or you can show up 40 minutes late and tell the judge you had class, even though you neglected to tell him about it the day before. The judge was NOT happy with that juror, and frankly, neither was I, because she kept us all waiting.

I have to say, I swear I have seen 2 of the defendants before on some kind of crime show. Maybe they just had that criminal look to them, but one of them was seriously creeping me out- he kept turning around and staring at us sitting in the courtroom, quite menacingly. I'm surprised his attorney didn't poke him and tell him to knock it off. Of course, his attorney probably didn't speak Spanish.

Overall, I was very surprised with the number of people that were dismissed as jurors. Some were obviously going to get the boot, but others seemed like good choices, at least to me. After awhile, it became clear that even if I had gotten to the point where I had been questioned, someone would have kicked me off, most likely because of where I'm doing my internship. Not that I think I would have been anything but the perfect juror though. Seriously, they missed out!

Well, enough of that.......the school posted some of the first assignments online today. I think I have 300 or so pages to get started on, but I'm going to finish my book first. I only have 100 pages left now.

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Tuesday, July 24, 2007

Not Picked, But Not Dismissed

I spent the entire day down at the courthouse today for jury duty. I actually made it further than I have any time in the past- I got up to the courtroom as part of the jury pool they will be picking from. I did not make it up to the 18 being questioned, and from the looks of things, won't be either. They probably had 80-90 of us over there. I must return in the morning, but it seems like they are probably pretty close to having a group they like, so I don't think I'm getting on it this time. Darn! This trial is supposed to be less than a week, so I thought it would be fun and interesting to be a part of.

I've gotten most of my text books now, but no assignments have been posted yet. I almost feel guilty for not doing something in the evenings. Doesn't seem right to have free time like this!

Well, guess I'll get back to my book. I read about 75 pages today while sitting around before we got into the courtroom, but I'm only half way done. I'm liking it, though I feel strange carrying a book called "The Innocent Man" into a criminal trial. Would be nice to finish it tonight and bring another one tomorrow!

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Monday, July 23, 2007

Jury Duty?

I get to report bright and early tomorrow morning for jury duty. I would LOVE to be picked now, since I'm not in school, have the time, and would find it very interesting. Of course, I would also want to be the foreman and make sure the jury did its job and in the most efficient way possible. : )

I am sure I will end up being dismissed though, so it is just a matter of how much of my day(s) they will waste before they tell me that. Luckily I have my books to bring with me to keep me busy while I wait. And, my new cell phone that does email and internet stuff (T-Mobile Wing)!

Since I work so close to the courthouse, I can park (for free!) at my office, and walk over to the court and when I get dismissed, just walk back and get to work. I'm betting I'm back there by noon!

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Sunday, July 22, 2007

I Feel Like a Normal Person

It's so weird to have no reading I HAVE to do, no writing, no researching, no studying. It's like I'm almost normal (of course, I'm not since I am still a law student). I received 2 books for Christmas that I'm actually getting the chance to read, for pleasure- imagine that! (John Grisham's The Innocent Man and Michael Crichton's Next.)

I'm going to work full time for the next two weeks. I am on jury duty this week, and while I don't have to report on Monday, I actually do hope to be selected, though I'm sure it isn't likely.

In a bit of school news, the grades for Family Law Mediation were posted. I got an 84, which according to a classmate, was the highest grade for the class. I'm sure the Moot Court and Professional Responsibility grades won't be posted for several weeks yet.

Nothing much going on. Kind of nice.

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Thursday, July 19, 2007

Final Year Schedule

On the first day of my one month "vacation" yesterday, the school posted the class schedule for the next year online. So while I should be doing anything BUT thinking about law school, I spent a few hours trying to figure out an acceptable schedule, looking up all the books for the classes, and getting those ordered.

It looks like in the fall, I will have Remedies on Tuesday afternoons, Community Property on Thursday afternoons, and Wills and Trusts on Thursday evenings. I'm also going to take Evidence and Advanced Research and Writing, one on Tuesday evening, and the other on Wednesday, but I'm not sure which one will be which day yet.

In the spring, I'll still have Remedies on Tuesday afternoons, Wills and Trusts on Thursday evenings, and Evidence (whatever day I end up in), and then Civil Trial Practice on Wednesday evenings. That is my last elective I have to take. All the electives for the next year being offered pretty much suck, and since I needed a 3 unit one, my choices were very limited. The only other one I would have considered was Pre-Trial Civil Litigation. Even though I'm not interested in civil stuff, some of the areas covered (discovery, etc.) would be similar, so I thought good. Plus, the professor for that class is my personal lawyer, so I already know and like her. I just thought that the trial practice, even though civil, would be a better class for me. It will be a total no-brainer class for me at that point too, so will make my last semester a bit easier.

One of the nice things about this schedule is that I will have 4 day weekends, with no classes on Mondays and Fridays. I'm sure I will end up working (in the US Attorney's office for my internship) on those days, but if I need to fly back to Boston for any reason for my daughter, having those weekends will make that a little more feasible to do.

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Tuesday, July 17, 2007

Now That I'm a Pill Crushing Expert

Just a little FYI, if you ever have to crush pills, Vicodin is very easy and it crushes to a nice, fine powder. Calcium pills, on the other hand, are very difficult and are still kind of chunky once broken up.

Oh yeah, my PR final is 3 hours away. Because I've been playing nurse for the last 3 days, I'm not that prepared. But that's just how life goes. After today, I have a month off. *** YEAH!


*** Above mentioned time off only refers to actual classes. Does not refer to internships, family emergencies, and any school assignments that may need to be started before the beginning of fall classes.

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Monday, July 16, 2007

Giving Credit Where Credit is Due

I don't really like to be preachy, so I'll try not to make this post in that way. Rather, I just want to share about the last week from my perspective.

I sit here and look back and think "WHY?" and "HOW?" Why did the two most stressful events happen on the same day, within hours of one another? But that must be followed by, why had I accepted an internship that allowed me maximum flexibility instead of one that was more prestigious but required more hours? Why was my son not successful in finding a summer job? Why did it time out so that my husband was home for three weeks when he normally is gone during the week? And the "how"- how did I live through it- how did I manage to make it without worrying, without panicking, without throwing up or fainting?

The only answer is by God's grace. I think long ago, I came to the conclusion that since I'm not God, nor will I ever be, I will never understand what He does or why He does it. But then, it really isn't about me. It doesn't matter that my human brain can't comprehend the plans of the Creator of the Universe. And when you think about it, should God be understandable to mere men? I think not.

All I know is that from a human perspective, this last week was unbearable- emotionally, physically, mentally. Yet, I survived it without being any worse off for the experience. The only way for this to have happened is that God answered prayers. Not just mine, but those of people from around the world who were praying for my daughter, and of those who knew me, and knew the situation I was in, and were praying for me.

So, thank you God. Thank you for loving me. And thank you for loving my daughter even more than I do. And thank you for listening to my prayers and giving me, in ways I'll never understand, the strength and peace I needed to get through the last week. Help me never to claim any of that as something I handled or did by myself, because I am only too aware of how incapable I am on my own. I don't how what will happen next, but I do know I don't have to fear it, because I go through none of this alone. Thank you for faith that allows me to trust you, no matter what.

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Saturday, July 14, 2007

Wiped Out

The stress of the last 3 days caught up with me today. I woke up at 1:30am this morning and couldn't fall back asleep until 5am. My alarm then woke me up at 6am so I could be out at the hospital in time to catch the doctor on his rounds.

I spent about 6 hours out there today, trying to study for PR in between chatting with visitors, doctors and staff. Once we all (YEAH!) got home, I finished my "The Verdict" assignment for that class, and continued to study some. I fell asleep for about an hour in the middle of that.

I am completely exhausted. It's like I wouldn't let my body do that to me in the middle of the events of the last few days because I didn't have a choice! Now that my demands are a bit less for a few days, my body is trying to recuperate.

I wish I had about a week to do nothing, but the final for PR is Tuesday afternoon. I have 2 full days to study. There is no way I'm going to be as prepared as I want to be, so I'm just going to do what I can.

Reflecting on Moot Court, something surely must be wrong with me. Not only did I not feel like throwing up, not shake or feel nervous during my argument, I'm actually already looking back on it with fond memories and realizing how much I enjoyed it. Silly, silly girl....

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Best Oral Advocate Finalist in the George A. Hopper Moot Court Competition

Yep, that's the new honor that is listed on my resume! : ) Ok, so I didn't win the very top position, but all 4 of us in the final round gave such excellent performances, the judges admitted they had a very hard time making a decision. In my opinion, any one of the 4 of us could have been named the winner and it would have been fair. I did have numerous people come up and tell me afterward that they thought I had been the best, which was nice to hear.

Once I got home last night, it was like all the stress of the last 3 days finally hit me and about all I could do was crawl into bed. As a side note, I really wish to keep further discussion of my daughter and her condition off of here (as much as I can) because as her mother I feel very protective of her, and I want to protect her privacy. But please do not think because I do so that it isn't something I am not totally consumed with or deeply affected by. I just feel I must draw a line here.

More about Moot Court: First of all, some things about the semi-final round. My first indication that it was to be a brutal session was when the chief justice denied my request for waiver of recitation of the facts. In most circumstances, the judge will grant that, allowing you to proceed directly into your argument. If your request is denied, you must give a short summary of the facts of the case. It really isn't that big of a deal, because I certainly knew the facts, but it was more a mental thing to see if I was prepared to handle anything the judge would throw at me. I had prepared a summary of the facts, but had never actually given it during any of my practicing. Apparently the judge did this to both of us (the petitioners arguing first, for the mootness issue) in the 2 sessions of the semi-final round.

When I was called to let me know that I made it into the finals, I asked the school administrator if the chief justice had made nice comments about me during the semi-final round deliberations (that she was in the room to hear). Her response was, "oh yes!" She told me that she told him I wanted to become a DA and he told her that, "She'll make a good one!" Since we didn't really get any personalized critiques, it was nice to hear that feedback.

Last night's final round wasn't as easy as it had been last year (which I attended to gauge what I would be facing this year). For me, it wasn't as hard as the semi-final round, but it was harder than I had expected it to be. Still, I found that I was not nervous and actually enjoyed it. I'm still kind of amazed that regardless of cognitively thinking that I should not like to be in situations where I may be shown to be inadequate if I fail to perform properly, in reality I love the challenge and seem to have a very aggressive and eager mental approach to these situations. Believe me, I do NOT understand that and have no idea when or how I changed in that way.

I feel very happy with my performance, and am very proud of how all 4 finalists did. It feels good to walk away from this competition with not only a very cool honor, but without a single regret for anything I said or did in any of the rounds. It has been quite an experience!

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Friday, July 13, 2007

Hammer Time

I woke up before 5am, reliving last night's events. The chief justice was just brutal! Of course, as he explained afterward, he did not hammer us relentlessly in order to be mean, but to find out how well we responded under pressure. And what pressure that was! I think I shall have nightmares about this (not my performance, but his questions!) for a while.

I'm so thankful for a couple things. First of all, that last year I went and watched Moot Court for all 3 nights of the competition. I KNEW going into this that the second night was the worst and that we would all be hit hard and heavy for our entire 12 minutes. Because I expected it, I was as ready and braced for it as I could have been. Secondly, my partner was nearly as ruthless as the chief justice in his questioning of me in our 2 hour daily rehearsal sessions that we had been having for the last week. Though I often didn't like his questions and that he didn't let me off the hook easily for anything, it was an excellent preparation and a huge help! I sincerely doubt I would have been as prepared if it had not been for the way he drilled me with questions as we practiced. My partner rocks (and would make an excellent judge)! And finally, I am so thankful for my husband, who has been watching over my daughter in the hospital and being the guardian angel she needs when I am not there. There is no way I would have been able to focus on doing this if I had not had his help.

I'm also thankful for knowing tonight will not be as bad. Last year, the third night was the easiest! As a viewer, I was shocked that the judges were lobbing as many softballs as they did. I will not let that lull me into a false sense of security in how I prepare for tonight, but I do believe the worst is behind me.

Well, it's early, but I think I'm going to get started. Congrats to all the finalists and good luck!

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Thursday, July 12, 2007

Oh yeah! I'm IN!

I made it! I'm in the Moot Court finals tomorrow night! I cannot even believe it. I knew, from watching all 3 nights of the competition last year, that the second night was the worst. I knew the judges were going to hammer us the entire time. And they did. And I was the only one from my group of 4 that advanced.

I am soooooo excited! During the class sessions, the professors told us multiple times that arguing an appellate argument is not like doing a jury trial. Of course, I couldn't help but fear that maybe my excellence in my Criminal Trial class would not translate here. I do think the skill set is somewhat different. But fortunately, I seem to be able to handle either fairly well.

I had promised myself if I made it to the finals, I would wear my pink suit as a kind of tribute to Legally Blonde. However, I think that since the 4 finalists are women, it will also be a celebration of girl power! So guess what is coming out tomorrow! Yeah! I love it!

In the meantime, I have updated my resume to include "Finalist in the George A. Hopper 2007 Moot Court Competition". How cool is that! Oh yeah, and at the awards ceremony, I will be getting a plaque for this achievement. Ok, maybe I'm bragging here a bit, but after surviving tonight, I think I've earned the right to do that a little.

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Wednesday, July 11, 2007

The Pinnacle of Stress

Today may have just been the most stressful day of my entire life. I was at the hospital from 8:30am-3:30pm for my child's surgery, and found out shortly before leaving that it was confirmed that she has cancer. I had to then hold it together, come home and get dressed and ready to compete in tonight's mandatory Moot Court competition.

I could not wait to get out of there and get back to the hospital to see her. She was just about asleep by the time I got there, but at least I could see and kiss her. To preserve some sense of privacy for her, I don't want to get into her exact condition or treatment. I just request prayers for her and her recovery.

As if that wasn't enough emotions for one day, I just got a call from the school saying I had made it into the semi-final round of Moot Court. While after today I wasn't sure I even wanted to get that call, I was thrilled when it came.....mostly because I will be arguing on issue and on brief, and I love my arguments, so I do not have to do any additional research before my 7:30pm argument time.

So, it looks like I will be able to spend most of the day at the hospital tomorrow with my daughter, which makes me very happy. I will just worry about my Tuesday Prof. Responsibility final later. Now, I just need to somehow try to fall asleep and get some rest!

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Saturday, July 07, 2007

Focusing

I can't help but wonder what everyone else is doing to prepare for the Moot Court competition. I imagine there is quite a range. From those I have talked to, it is apparent that many people have no desire to advance in the competition. You do not get any more credit/points for advancing. If you do advance, you must participate or you fail the class. Advancing does mean more work- you are not guaranteed what issue or what side you will be arguing. So, if you get assigned one of the 3 other positions you didn't write your brief on, you have less than 24 hours to get up to speed on your issue and side.

I don't want to say how I'm preparing, but I do intend to do so in a way that would hopefully allow me to advance. Since I won't be having "law review" on my resume, I figure having "Moot Court Semi-finalist/finalist" on it instead wouldn't be too shabby. With my choice of career paths, I actually think this would be more of an asset to me and my resume.

Anyway, everything else is on hold until we get more information after the surgery on Wednesday, so it is helpful that I have something else to focus on.

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Thursday, July 05, 2007

More on Keeping Sane

When the health of a family member is at risk, all else seems to stand still. I got news today that I didn't want to hear. Just hearing it caused a physical reaction in me......I got hot, light-headed and thought I was going to pass out. As a result of this news, a family member is having surgery on Wednesday.

Two hours after hearing this news, I was in class. It didn't seem right to be there, but what was I supposed to do? I didn't want to be staging a pity party at home. And I'm supposed to be the strong one. I can't be falling apart.

I am not sure how I am going to manage being there for this surgery and then somehow pull it together enough to compete in the Moot Court the same day. Competing in Moot Court is not an option. I HAVE to do it, first because there is no alternate time- that night IS the competition. And secondly, I owe it to my partner.

It's just kind of weird, because maybe the brain finds ways to protect you. Before this morning's appointment, I had convinced myself the diagnosis would be something easy to correct. I think my body couldn't handle any more stress, so it was the only way of coping with it. Now I'm confronted with that not being the truth, and I find myself thinking that instead of dreading Moot Court, I think it may be another way to protect myself from worrying too much, because it gives my mind and body something else to be concentrating on. Not that I'm ignoring the medical issue, but this lets me not focus on it 24 hours a day.

My request is just this- for everyone to keep this situation in their prayers. I sincerely appreciate it.

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Wednesday, July 04, 2007

Happy Fourth!


Hope you're having fun celebrating!

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Monday, July 02, 2007

I Need to GO Somewhere!

I alluded to this in my post the other day- I am dying to travel! We normally travel several times a year and I'm afraid the second year of law school was too busy to fit much into my schedule (though as I mentioned before, I did manage to squeeze in quick trips to Boston, Las Vegas and SF). I'm getting antsy and I want to go somewhere. It doesn't help matters any that it is supposed to be 110 here in a few days. UGH!

I have a final on July 17th so I should be a good girl and not plan anything until after that time. But then I have a whole month! Sure, I'll be working full time, but I can easily get off a day or 2 and create a long weekend and have some fun. I'm going to go crazy if I can't get out of town before the fall semester starts. (Well, not really, but I would become even more unpleasant than I already am right now......)

I have a tolerance for driving about 3 hours before I become annoyed, so longer than that and I'd prefer to fly. Trying to think of some decent options. Monterey is always nice, but too crowded if I go in August when all that car show stuff is going on. SF can be fun, but I'd need to make sure someone will go with me (whereas I wouldn't mind going to Monterey alone). Vegas is just too hot this time of year (believe me, I've done it!). Of course, there's always Half Moon Bay and the Ritz over there that I adore. Such a nice spa there too. Hmmm..... and good shopping within a short drive.

Ok, I need to look into this because I'm going to be very sorry if I have to stay in Fresno all summer!

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Sunday, July 01, 2007

A Weekend Off

After my "interesting" Friday evening, I decided I was too freaked out to have to do anything yesterday or today, and I took the weekend off from doing any school work. I shall go back to work tomorrow, but I do admit it has been nice to actually feel like a normal person (ie., NOT a law school student) for a couple days.

I did come to a definite decision though. After a conversation with a classmate on Friday, I realized that I do NOT want to do law review. I was trying to hedge my bets and thinking I would continue attending the meetings for the next month, "just in case". But, the reality is I don't want to. I originally planned on doing it because I figured I would need it on my resume when I was competing for jobs up in the bay area against people who had graduated from Stanford, Santa Clara, Boalt Hall, etc. But now that we are definitely staying here and I will have both the DA and US Attorney's office internships on my resume, I don't think I need law review. Not that I don't think it is a great honor and all that crap, but really, I need a vacation! It's bad enough that law school has diminished my traveling, but I'm not letting it take my sanity too. I really just need one month before my final year starts when I can not stress. Sure, I'll be working full time with the DA, but I can come home and NOT read, NOT study, NOT research. That is what I want. If that makes me lazy, so be it. I just need to feel like I'm going to have some time to recharge enough to make it through the rest of the year. (Now where could I go to have a fun long weekend sometime before school starts???)

So yeah, that's about it for now. I believe I shall go find my cat and take a nap......

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