Card Set Information
North Carolina Bar Exam
Review for NC Bar Exam Summer 2014
What four situations will prevent a deficiency judgment on a mortgage?
1. The statute of limitations has run
2. The sale was made without notice
3. The mortgage is based on a seller-financed PMSI.
4.Mortgagee buying for less than reasonable value at a power-of-sale sale (reduce only)
What are the elements of Trespass to Chattels?
1. Interfering with plaintiff's right to possession
2. Intent to do the act
What are the elements of Conversion
1. Severe interference with plaintiff's right to possession
2. Intent to do the act
What are the elements of the attractive nuisance doctrine?
1. Dangerous condition owner knows or should know of
2. Owner knows or should know children visit
3. Condition is dangerous because child cannot understand the risk
4. Expense of remedy is slight compared to magnitude of risk
What are the elements of strict product liability?
1. Defendant is a commercial supplier
2. Who produced or sold a defective product
3. Which caused
4. Damages to person or property
What intent is required for assault?
Purpose or substantial certainty
What are the elements of IIED?
What must be established for Self-Defense as a defense to a tort?
Reasonable belief in danger
Necessity is a defense only to torts against _________
May the jury presume damages for slander and libel?
No for slander (unless slander per se), yes for libel
What is a professional's standard of care?
That of an ordinary member of the profession in good standing
Does the eggshell skull plaintiff rule apply to intent or damages?
When is an NC vehicle owner responsible for another person driving the vehicle?
When the owner is riding as a passenger or a household member.
How is contribution recovered in NC?
In proportional shares.
When can a prior inconsistent statement be used to impeach?
When may a prior inconsistent statement be used as substantive evidence? Give federal and NC rule.
Federal: When made orally under oath as part of a formal proceeding
NC: Prior inconsistent deposition in a civil case
Must witness be given time to explain prior inconsistent statement? Give federal and NC
Federal: Yes, at any time (unless a party)
What crimes are allowed for impeachment under the federal rules of evidence?
Misdeameanors and felonies involving dishonesty, other felonies at court discretion.
What crimes are admissible for impeachment in North Carolina?
Any felony or misdemeanor, no balancing.
What is the spousal privilege?
You can't be forced to testify in a criminal case against a current spouse.
What is the marital communication privilege?
You can prevent your current or past spouse from testifying about communications during a marriage.
What are the two malice crimes?
Common law murder and arson.
Is assault a general or specific intent crime?
What is specific intent?
The desire to achieve the result.
What are the four general intent crimes?
Kidnapping (Not in NC)
What is embezzlement?
Conversion by someone in lawful possession (discretionary authority) with intent to defraud.
Can a North Carolina burglary occur in the day?
No, must be at night.
Must a North Carolina arson involve a home?
Does North Carolina require an overt act for conspiracy?
What is required in North Carolina for an attempt?
Dangerous proximity to completion.
Which inchoate crimes merge with the completed offense?
Solicitation and attempt, but not conspiracy.
Which insanity test does NC use?
What is entrapment in NC?
Defendant would not have committed offense but for police, misrepresentation, trickery, persuasion, or fraud.
What does the NC Dead Man's statute exclude?
An interested party's testimony about ORAL communications (other than who was driving a car) with a dead person.
What is necessary for third party standing before federal courts?
Injury to both the party suing and the third party.
What level of scrutiny is used for content-neutral speech regulation?
A regulation on speech cannot constitutionally give officials ____________
Time place, and manner power to regulate speech changes based on ____________
Type of forum
What standards must a regulation on a public forum meet?
Narrowly tailored to an important interest
Leaves alternative channels
What standards must regulations of limited public forums and non-public forums meet?
Rationally related to a legitimate interest
What standard must content-based speech regulation meet?
Necessary to achieve a compelling government interest.
What standard must a regulation on commercial speech meet?
Narrowly tailored to a substantial government interest.
What are the three factors used to evaluate process?
Importance of the interest
Value of safeguards to that interest
Government's interest in efficiency
What things must you be a lawyer to do?
Appear in court
Draft documents substantially affecting client's rights
Negotiate a settlement
What are is required to get a lawyer's work product?
Inability to gather
Without undue hardship
Must a principal and agent have the capacity to contract?
Only the principal must have capacity.
What are the three sources of agency power?
What are the two kinds of actual authority and agent may have?
Express and implied.
What is implied actual agency?
reasonably believes he possesses based on the principal's actions.
What is apparent authority?
Authority that a
reasonably believes an agent possesses due to the acts of the principal.
When is an agency irrevocable?
When it is coupled with an interest.
What are the two steps of respodeat superior liability?
Acting in course of employmnent
Who is liable for the debts of a partnership?
Both the partnership and the individual partners.
What is the deciding factor as to whether a partnership existed?
Whether 2 persons are co-owners of a business for profit
How are profits, losses, and management divided in a partnership?
Equally, unless otherwise agreed.
In a general partnership, which of partner A's torts is partner B liable for?
Those committed within the ordinary course of business.
Can a limited partnership be implied?
No, a filing is required.
How are profits (by default) shared in a limited partnership?
By each member's contribution.
What is the advantage of an LLP?
The partner is not responsible for the debts of the partnership or the malpractice of other partners.
What is the advantage of an LLC?
It combines the tax advantage of a partnership with the limited liability of a corporation.
Which business forms should one always choose if it is available?
May an interest in a partnership be assigned or attached?
Yes, but it conveys a financial interest only, not management control.
Is an LLP responsible for the torts of a partner?
Yes, the LLP and the partner himself are liable, the other partners are not.
What is the limit of a limited partner's liability?
Their capital contribution.
What are the fiduciary dutes of LLC members?
What is an S Corp?
A closely held corporation taxed like a partnership
What is the term for acts beyond a corporation's power?
Are ultra vires contracts voidable?
When can the corporate veil be pierced against an individual shareholder?
Corporation is an alter ego
Corporation inadequately capitalized when formed
Piercing is necessary to prevent fraud
What is a promoter?
A person who raises capital to start a new corporation.
How may shareholders act outside of shareholder meetings?
By unanimous written consent (majority for non-public corporations)
What are the shareholder voting requirements for an ordinary matter and a fundamental change?
Ordinary matter: Majority present at meeting
Fundamental change: Majority of outstanding stock
When may a shareholder sue a corporate officer directly?
When the officer breaches a duty to the shareholder (not the corporation)
When is a corporation NOT allowed to make distributions?
When it is insolvent.
May shareholders and directors vote by proxy?
What is the minimum proportion of directors that a corporation's charter may allow for a quorum?
What are the two important defenses to a charge that a director has breached the duty of care?
Business judgment rule
Reliance on experts
How can a conflict of interest transaction be upheld?
Approval by majority of disinterested directors
Approval by majority of disinterested stockholders
Showing that the transaction is fair
What must a board have for the corporate opportunity doctrine to apply?
An interest or expectancy in the deal
When must a corporation indemnify a director?
When the director prevails in a lawsuit
When may a corporation NOT indemnify a director?
When he is found liable to the corporation or takes an improper personal benefit.
What is the fraud provision of the federal securities rules?
Does rule 10b-5 require scienter?
What is the director's duty of care?
To act as a reasonably prudent person.
What is the director's duty of loyalty?
To act in good faith.
May the articles shield directors from liability for the breach of the duty and loyalty?
May shield from duty of care, but not from duty of loyalty.
What is the test for parent/subsidiary liability?
The "mere instrumentality" test.
Who has inspection rights?
Directors and qualified shareholders.
What happens if directors make an unauthorized distribution?
They are personally liable.
What is the test for whether a corporation is a shareholder's alter ego?
Misuse of power
Causing the damage
When can an employment contract without a set time period be terminated?
At the will of either party.
When may an offer for a unilateral contract be revoked?
Federal: Once performance begins
NC: Once performance is complete
When does the accommodation rule apply?
Only when goods are shipped as a form of acceptance.
What happens if, in a contract negotiation between merchants, the offeree sends an acceptance with materially altered terms?
The contract is accepted with the original terms.
A contract induced by misrepresentation is ___________
What tools are used in construing contractual ambiguities?
Course of performance
Course of dealing
Usage of trade
May a contract that requires a writing to modify be modified orally?
Yes for common law
No for UCC
When can parol evidence be used to explain and supplement?
: When contract is ambiguous on its face
: Any time
What is the statue of limitations for sale of goods contracts?
What is the statute of limitations for intentional and negligent torts?
When do the rights of a third party beneficiary vest?
Sues to enforce
Materially changes position
When is assignment irrevocable?
When it is made for value
How long must a North Carolina lease be to fall under the statute of frauds?
At least 3 years.
Who is usually sued for products liability in NC?
What does Article 2A of the UCC apply to?
Leases of goods.
Can foreseeable reliance make an offer irrevocable?
Is a counteroffer a rejection in North Carolina?
Only if there is a material change.
When is past consideration valid in NC?
If performance is requested, and there's a reasonable expectation of compensation.
What is general intent?
Defendant's awareness he is committing a crime and attendant circumstances exist.
What crimes may involve transferred intent?
Homicide, battery, and arson.
What crimes cannot be excused by duress?
What are the four factors of adequate provocation for manslaughter?
Would provoke an ordinary person
Defendant was provoked
Ordinary person would not have had time to cool off
Defendant did not cool off
What is required in NC to withdraw as an accomplice?
Renouncing the purpose to the other participants
Is there a duty to retreat in NC?
Yes, for non-felonious assault.
Does North Carolina follow the misdemeanor manslaughter rule?
What makes a kidnapping first degree in NC?
If the person was seriously injured, sexually assaulted, or not released in a safe place.
Does robbery in NC require taking?
What is the first degree- second degree difference between NC Burglary and Arson?
Whether the dwelling is occupied.
When is a mistake of fact a defense?
Always to general intent or malice
To specific intent when reasonable
Is there an exception to the NC murder rule for the death of a co-felon?
What standard is needed for police to stop a car?
What standard is needed for a search warrant?
May police rely on an invalid warrant if they rely in good faith?
Police can search a vehicle if __________
It is incident to arrest
It is for inventory after impoundment
They have probable cause to believe it contains evidence
When does the sixth amendment right to counsel attach?
When formal proceedings have begun.
Which amendment is offense specific?
When may an out of court identification be excluded?
When the process is unnecessarily suggestive or there is a substantial likelihood of misidentification
If there has been an unconstitutional pretrial identification, when may a witness make an in-court identification?
When the witness has independent grounds.
When is counsel required for misdemeanor charges?
When imprisonment is actually imposed.
A co-defendant's confession can be admitted if
The co-defendant takes the stand OR
References to the defendant are elimated
When are two crimes not the same offense?
When each requires proof of an element the other does not.
The privilege against self incrimination protects what evidence?
Do arrests in North Carolina generally require a warrant?
Not unless they are in the defendant's home.
Must plain view discovery be inadvertent?
Must a guilty plea be supported by a factual basis?
In NC, yes.
What are the elements of common law robbery?
Suspect used force to cause
Victim to relinquish control
When may relevant evidence be inadmissible?
When likelihood of prejudice outweighs probative value or there is a public policy exclusion.
What issues may be brought up on cross-examination?
: Issues brought up on direct
: Anything relevant
What cases may use dying declarations?
: Civil and Homicide
When is character admissible in a civil case?
Only when it's an element of a claim or defense.
Which requires privity, real convenants or equitable servitudes?
Both real covenants and equitable servitudes require ______________
Notice (not required for benefit)
Touch and concern
When is a seller liable for a defect in a building?
When it is know, latent, and serious.
In a notice jurisdiction a BFP is protect if he _________
Purchases without notice
In North Carolina a purchaser of land is protected if he __________
In a race notice jurisdiction, a BFP of land is protected if he ___________
Purchases without notice AND records first.
When does a NC fee simple defeasible based on use of land become invalid?
How long must an NC lease be to implicate the statute of frauds?
What are the elements of constructive eviction?
Substantial chronic interference
Notice by the tenant
Vacation by the tenant
What is the time limit for an option on land in NC?
What is the effect of a disability on adverse possession in NC?
Adverse possession not complete until longer of statute of limitations or disability removed + 3 years.
What is the standard for shoplifting detention in NC?
Must special damages be established for libel in NC?
Yes, unless it is libel per se.
Of the invasion of privacy torts, NC does not recognize ___________
False light or publication of private facts
What is the standard of care for discovered trespassers federally and in NC?
Federal: Warn of concealed dangerous artificial conditions
NC: Exercise care in active operations
What is NIED in North Carolina?
Negligence conduct causing foreseeable emotional distress.
Do North Carolina public officials have tort immunity?
Only for discretionary functions.
Do North Carolina public employees have tort immunity?
What does the constitution require for personal jurisdiction?
Venue may be waived by _________
What type of pleading does North Carolina require?
When must venue and personal jurisdiction defenses be asserted?
By motion or first answer.
When do North Carolina courts not count weekends and holidays toward deadlines?
When the time period is less than 7 days or ends on a weekend or holiday.
What is the statute of repose for products liability?
When is a counter-claim compulsory?
When it arises out of the same transaction.
When does a fact in discovery need to be updated?
If it was incorrect when made, or was correct and is no longer true.
What happens if a party refuses discovery?
Sanctions such as dismissal or excluding evidence.
Who pays discovery costs?
Each pays, then the loser reimburses.
When may a clerk enter a default judgment for failure to appear?
When the claim is for a sum certain.
How long does a party have to move for a judgement notwithstanding the verdict or a new trial?
How long does a temporary restraining order last?
What are the requirements for a judgment to serve as res judicata?
It must be final, on the merits, and involve the same cause of action.
Collateral estoppel is usually available to non-party __________, but not _________.
Defendants, but not plaintiffs.
What is the jurisdictional amount for superior court?
What is the jurisdictional amount for district court?
What is required for supplemental jurisdiction?
A common nucleus of fact AND
Court decides to hear
What is the time limit for removal to a federal court?
What is the Erie doctrine?
A federal court will apply state law when the law is clearly outcome determinative.
What law defines what contacts are sufficient for personal jurisdiction?
North Carolina long arm statute.
What is the time limit to serve process?
How long does a defendant have to file an answer to a complaint?
In North Carolina, do amended pleadings relate back to the original filing date?
Yes for claims, no for parties.
How long does a party have to appeal?
When can entry of default be set aside?
For good cause, including lack of injury to other party.
A complaint may not state over $10k in _________________.
What are the basic requirements of equity?
Legal remedy is inadequate
Equitable remedy is feasible
Harm to defendant does not greatly outweigh benefit to plaintiff
There are no equitable defenses
What are three equitable defenses?
Impossibility or hardship
What are 3 reasons a legal remedy may be inadequate?
Speculative nature of damages
Multiplicity of action
Reformation and recission are ___________ remedies.
Equitable relief is always __________
When may a time is of the essence clause be ignored in equity?
When the delay is de minimis and there is no harm to the other party
When is a constructive trust used?
When the value of the claim is less than the value of the asset.
When is an equitable lien used?
When the value of the claim is more than the value of the asset.
What does a person with an equitable lien ordinarily do?
What is criminal conversation?
A tort action for adultery.
What is alienation of affection?
The destruction of genuine love and affection by the wrongful and malicious acts of a third party.
What are the economic effects of annulment?
Post-separation support may be given, but not equitable division or alimony.
How long must you live in NC to divorce in NC?
What happens to divisible property in a divorce?
It is divided along with marital property
The main sources of divisible income are
Appreciation to marital property
Property rights earned by pre-separation labor
What is the tracing funds rule in property division?
Property is marital or separate based on the source of funds used to buy it, unless it is taken in tenancy by the entirety
Separation and pre-nuptial agreements can be binding on ___________ and _________, but not __________.
Post separation support
Child custody or support
How long may an ex parte child custody order last?
How long must a statutory lien holder hold property before selling?
30 days (10 days for cars)
A lienor may purchase personal property at a _______, but not a ________ sale.
How long does a builder have to enforce a statutory lien?
120 days to claim, 180 days to sue.
Subcontractors have a lien on __________
funds owed to contractors above them
How long is a judgement lien valid?
Judgement liens attach only to _______________
Who should a creditor with a suretyship promise pursue first?
The primary debtor or the collateral
A suretyship promise must be __________ unless ___________
For the primary benefit of the surety
A suretyship promise must be made for
What is a suit for exoneration?
A lawsuit by a surety to force a primary debtor to pay the creditor
What is a suit for reimbursement?
A lawsuit by a surety to force the debtor to pay the surety.
Gratuitous sureties can be discharged if a creditor does _____________________
Anything to vary the risk.
A compensated surety may generally be discharged __________
To the extent of his injury
A surety will ___________ to an innocent creditor if the debtor procures a surety by fraud.
still be liable
What is a surety's right of subrogation?
He gets the right to foreclose on the collateral securing the debt
A paying surety who wants contribution MUST raise__________
Any defense common to all sureties.
Personal property liens are generally __________ to Article 9 security interests.
What is the priority of a real estate lien vs. a mortgage?
First in time, first in right
When may a plaintiff attach another party's assets?
When there's a risk they will be unavailable or hidden at judgment.
Is North Carolina a lien theory or title theory state?
Who is most likely to exercise the equity of redemption?
The mortgagor, junior lienholders, and tenants.
Who is liable if a transferee assumes a mortgage?
Both the transferee and the original mortgagor.
What is the statute of limitations on foreclosures?
When is an upset bid or right of redemption allowed?
Within 10 days of a foreclosure sale
Possession for ___________ after default cuts off the right of foreclosure.
What four issue must be determined for a power of sale foreclosure to be valid?
How much must an upset bid be over the sale price?
5% and at least $750
What three types of liens can take priority over a preexisting mortgage?
PMSI in a fixture (filed within 20 days)
Lien acquired by instantaneous seisin (such as a prior judgment attaching to new property or a PMSI)
When is the Peterson presumption overcome?
When a parent is:
Acts in a way inconsistent with parenthood
When can you represent clients with adverse interests?
When you reasonably believe you can competently represent each client AND have informed consent in writing
What are three ways a lawyer may be punished for ethics violations?
What is pro hac vice?
Temporary permission to practice in order to handle a case in a state where you're not licensed.
A lawyer may not ________ or __________ with a non-lawyer
Share legal fees
What is the difference between advertising and solicitation?
Advertising is to the public at large, solicitation is personal
A lawyer hired by a corporation represents _________________ but not ____________.
The individuals who work tehre
Contingent fees are not available in ________, __________or ______________ cases.
Civil asset forfeiture
Which is broader, attorney client privilege, or confidentiality?
A client makes _________ decisions, while a lawyer makes __________ ones.
A lawyer may not given advice that__________
Recommends unlawful conduct
If an attorney know of a controlling case directly adverse to his client, he should____________
disclose it and attempt to distinguish it.
If a lawyer knows a client will enter false evidence, he should
An attorney must have _________ to withdraw
A lawyer must abstain from publicity that is _______________
likely to have a prejudical effect
An attorney should perform ____ hours of pro bono work per year.
When is a managing attorney responsible for a junior attorney's misconduct?
When he orders it or knows of it.
A lawyer may break confidentially to rectify perjury in a _____________, but not a __________.
If a lawyer is representing multiple clients, they do not have an expectation of __________________ among them.
What compensation is a person entitled to for the unauthorized practice of law?
How does a lawyer incompetent in an area become competent?
Through research or consulting with an experienced attorney.
What happens when a lien attaches?
It becomes effective between the original parties
What happens when a lien is perfected?
It becomes effective against the world
A PMSI still exists even if it _________ or _____________.
Involves future advances
Has been refinanced
What are the four types of tangible collateral?
A security interest in an asset usually also applies to the _________ of that asset.
What are the three ways a security interest can attach?
A supergeneric description ("all of the debtor's assets") may be used in a ____________, but not a _______________.
What is the purpose of a UCC financing statement?
To perfect a creditor's security interest that has been attached by authentication.
Perfection occurs _________ or _____________ attachment.
at the same as
How long is a UCC financing statement good for?
Which methods of attachment also perfect?
What kind of security interests perfects automatically?
A PMSI in consumer goods.
Between two unperfected security interests, which wins?
The first to attach.
Between two perfected security interests, who wins?
The first to file OR perfect
A PMSI in equipment has priority over prior loans if __________________
It is perfected within 20 days of debtor receiving goods
How is a security interest in proceeds dated?
It will date back to the original collateral if perfected within 20 days.
A buyer in the ordinary course has priority over a security interest unless _____________
The buyer knows the sale violates the security interest.
How do you distinguish a lease from a disguised sale and why is it important?
Whether lessor is likely to get item back with economic value remaining. Important because it determines whether Article 9 or Article 2A applies.
What has priority between a security interest and a judgment lien?
Whichever is perfected (interest) or levied (lien) first.
What wins between a statutory lien and a security interest?
The statutory lien.
A PMSI in equipment if, filed in 20 days, has automatic priority over ____________
equipment and proceeds
In a trust, the same person cannot be _________________
The sole trustee and the sole beneficiary.
If a trustee dies, the court will usually
appoint a new one.
Definite beneficiaries are required for a __________ trust, indefinite beneficiaries are required for a __________ trust.
A trust purpose is not valid if it is _________, _________, or __________.
Against public policy
What is the doctrine that uses an impossible charitable trust for the next best purpose?
A trust may be terminated by consent of ____ beneficiaries, only if ________________
No material purpose would be frustrated
A self-dealing transaction by a trustee becomes __________
A trustee may adjust between principle and income in order to ___________
treat all beneficiaries fairly.
Will a void forfeiture provision (such as forfeiture on marriage, invalid a gift in a trust?
What is a res?
The property that is subject to a trust.
An honorary trust may be created for the care of _________ or __________.
When are oral inter vivos trusts enforceable?
When their terms can be established by clear and convincing evidence.
Can there be a secret trust in NC?
No, not in North Carolina.
Beneficiaries get the __________ of a trust, while remaindermen get the _____________.
Trespass is an interference with the right of ____________
Marital communication privilege does not apply in ______________
actions between the spouses.
Consent will be implied to a tort if ___________________
The plaintiff was not in a condition to consent, but a reasonable person would have.
When is consent a defense to invasion of privacy?
When there is actual consent.
A defendant may withdraw a guilty plea because of ___________________
Ineffective assistance of counsel
What is the order of intestacy?
Spouse, descendents, parents, other relatives, state
How long must a beneficiary survive a decedent to take property?
120 hours unless stated otherwise in will.
Beneficiaries of a will have a homestead exemption of __________
Under a will, a spouse receives a year's allowance of _____________, while a child receives a year's allowance of ________.
If a spouse is dissatisfied with a will, they may choose to take an _________
The amount of the elective share depends on ____________
the length of the marriage.
A spouse may take their share of the will, an elective share, or _____
A pretermitted child is not included if ______________
it was clear the will meant to exclude him (by stating or excluding other children)
Who can make a will?
Any person 18 or older.
A nuncupative will only dispose of _______________ and must be made during ________________ before _______________.
The testator's last illness or peril
Explain dependent relative revocation
A change to a will can be revoked when the change is made because of a mistake of fact or law, and the testator mistakenly thought another gift would be effective.
When a person is divorced, what happens to gifts to their spouse in the will?
They are revoked.
What is abatement of a will?
When gifts are used to pay debts.
What is ademption?
When a gift in a will fails because the specified property does not exist.
May an insane person make a will?
Yes, if he understands what his property is and who it is going to.
Undue influence may invalidate all or parts of a will if the testator's ______________
free will is overpowered.
A nuncupative will __________ change a written will.
Revocation of a will requires _______ and _____________.
Intent to revoke
A physical act
A lost will requires proof of __________, ____________ and a reason why it is ______.
Who does the anti-lapse statute apply to?
Testator's grandparent or a lineal descendant thereof
If property is not disposed of specifically or by residue, it is disposed of by _______________
An elective share is __________________
a percentage of net assets minus property already distributed to spouse.
A will contract must be in writing if it _______________
concerns real property
Damages for wrongful death pass only by _____________
Share transfer restrictions are enforceable if they are ___________
A plaintiff bringing a previously dismissed action who is charged with costs must pay the costs of the previous action within_________
30 days of a motion by the defendant.
Who decides what witnesses to call?
The attorney, not the client
What North Carolina law allows a plaintiff to bring suit on the grounds of breach of implied warranty of merchantibility against the
What is the standard for a public employee's official speech?
Whether the first amendment right outweighs disruption to the workplace
The elements of malicious prosecution are
Instituting criminal proceedings
Which are resolved favorably
Without probable cause
For an improper purpose
Libel is per se if it is _______________
Defamatory on its face
Slander is per se if it is about
Having a disease
Crime of moral turpitude
A default judgment cannot be had if the person charged ____________
Has filed an answer, even a late one
Post separation support is awarded if the other spouse is _____________ and support is ________________
A dependant spouse
Can marital misconduct be considered for alimony, post-separation support, and equitable division?
Yes for alimony and post separation support
No for equitable division
What are two forms of marital misconduct?
Miranda warning only need by given when there is _____________________