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| Preface | |
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| Introduction | |
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| The Legal Framework | |
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| What is law? | |
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| Statutory law | |
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| Green Paper | |
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| White Paper | |
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| Development of primary legislation | |
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| The first reading | |
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| The second reading | |
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| The committee stage | |
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| The report stage | |
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| The third reading | |
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| The House of Lords | |
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| Royal Assent | |
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| Secondary legislation | |
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| Other parliamentary processes | |
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| Parliamentary select committees | |
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| Specific parliamentary enquiries | |
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| Parliamentary questions and early-day motions | |
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| The Private Members' Bill | |
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| Common law (case law) | |
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| European law | |
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| Treaties | |
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| Secondary legislation | |
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| European Court of Justice | |
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| European Court of Human Rights | |
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| EU Advisory Committee on the Training of Midwives | |
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| Natural justice | |
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| The structure of the law in England, Wales and Northern Ireland | |
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| Civil law | |
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| The structure of the civil courts | |
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| Public law | |
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| The criminal court system | |
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| Constitutional law | |
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| The Coroner's Court | |
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| Other resolution systems | |
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| The legal profession | |
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| Solicitors | |
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| Barristers | |
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| The Lord High Chancellor | |
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| The legal system in Scotland | |
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| The civil system | |
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| The criminal system | |
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| Using the legal processes | |
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| The system of government | |
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| Lobbying for change | |
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| Changing maternity policy | |
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| Background | |
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| A change in policy | |
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| The results | |
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| The current situation | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| Cases | |
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| The Statutory Profession of Midwifery | |
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| The Midwives Act 1902 | |
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| The Midwives Rules - early versions | |
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| Subsequent legislation and review | |
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| Midwives Act 1936 | |
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| Midwives Act 1951 | |
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| Report of the Committee on Nursing (Briggs Report) | |
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| Sex Discrimination Act 1975 | |
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| The Nurses, Midwives and Health Visitors Act 1979 | |
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| The Nurses, Midwives and Health Visitors Act 1992 | |
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| The Nurses, Midwives and Health Visitors Act 1997 | |
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| Health Act 1999 | |
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| Nursing and Midwifery Order 2001 (SI 2002 No. 253) | |
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| National Health Service Reform and Health Care Professions Act 2002 | |
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| The Nursing and Midwifery Council | |
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| The Code of Professional Conduct | |
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| The Midwives Rules | |
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| Notification of Intention to Practice | |
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| Post-Registration Education and Practice (PREP) | |
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| Suspension from Practice by an LSA | |
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| The Duty to be Medically Examined | |
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| Responsibility and Sphere of Practice | |
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| Administration of Medicines and Other Forms of Pain Relief | |
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| Records | |
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| Inspection of Premises and Equipment | |
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| Supervision of Midwives | |
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| Discharge of Statutory Functions by a Local Supervising Authority | |
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| A Midwife's Code of Practice | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| The Statutory Regulation of Midwifery | |
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| The supervision of midwives | |
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| Alleged misconduct | |
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| The Investigating Committee | |
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| The Conduct and Competence Committee | |
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| Restoration to the Register | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| Accountability within the NHS | |
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| Clinical governance | |
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| The Commission for Health Care Audit and Inspection | |
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| Risk management | |
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| National Institute for Clinical Excellence | |
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| Complaints | |
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| The Health Service Commissioner (Ombudsman) | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes | |
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| Negligence in Midwifery Practice | |
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| Negligence | |
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| The duty of care | |
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| Breach of the duty of care | |
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| Expert witnesses | |
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| Causation | |
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| Clinical issues in labour associated with causation | |
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| Compensation | |
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| Vicarious liability | |
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| Clinical Negligence Scheme for Trusts (CNST) | |
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| Rights and limitations | |
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| Withholding and withdrawing treatment | |
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| Wrongful birth and wrongful life | |
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| The compensation system | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| Cases | |
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| Consent and Refusal | |
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| Adults | |
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| Minors | |
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| The choice of home birth | |
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| Research | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| Cases | |
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| Use and Abuse of Information | |
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| Record keeping in practice | |
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| Data Protection Act 1984 | |
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| Access to Health Records Act 1990 | |
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| Data Protection Act 1998 | |
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| Disclosure of confidential information | |
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| Writing a statement | |
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| Writing reports | |
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| Introduction | |
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| Body of the report | |
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| Appendix | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes/SIs | |
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| Aspects of Law Related to Reproduction and Child Protection | |
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| Assisted conception and artificial reproduction | |
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| Human Fertilisation and Embryology Act 1990 | |
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| Abortion | |
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| Adoption | |
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| Child protection | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes | |
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| Cases | |
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| Aspects of Employment Law | |
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| The contract of employment | |
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| Statutory Dispute Resolution Procedure | |
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| Wrongful dismissal | |
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| Unfair dismissal | |
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| Discrimination in employment | |
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| Movement towards gender equality | |
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| Discrimination on grounds of race | |
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| Discrimination on grounds of disability | |
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| Rights to leave and pay in parenting situations | |
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| Maternity leave and pay (Employment Act 2002, Ch 2) | |
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| Paternity leave and pay (Employment Act 2002, Ch 1) | |
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| Public Interest Disclosure Act 1998 | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes | |
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| Application to Midwifery Practice | |
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| Kay | |
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| Professional conduct | |
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| Aspects of law | |
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| Employment | |
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| Susan | |
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| Professional conduct | |
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| Civil law | |
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| Employment | |
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| Daniel | |
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| Professional conduct | |
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| Civil law | |
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| Employment | |
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| Summary | |
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| Reader activity | |
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| References | |
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| Statutes | |
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| Cases | |
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| Glossary | |
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| Table of Bills/Statutes/SIs | |
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| Table of Cases | |
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| Index | |