Sam Is Sitting in a Courtroom Doing an Assignment for His

question 9

Multiple Choice

Sam is sitting in a courtroom doing an assignment for his evidence class. He hears Paul, the Prosecutor, and Dick, the Defense Attorney, talking to Judge John:
· Paul asked the judge to accept a stipulation that the defendant had a prior conviction. Dick denied that the defendant had ever been convicted before.
· Dick asked the judge to take judicial notice of the fact that it was daylight at 10 a.m. on June 5.
· Paul asked the judge to instruct the jury on a presumption. Dick objected on the grounds that Paul had not established the basic fact beyond a reasonable doubt. Should Judge John take judicial notice that it was daylight at 10 a.m.?

• A) Yes, the hours of daylight are facts that can be accurately determined from a reliable source.
• B) Only if Dick brings in an almanac or other reliable reference source for the judge to read.
• C) Only if Dick brings in an expert meteorologist who was in the area on June 5 and can testify that the sun was shining.
• D) No, judicial notice is not allowed in criminal cases.

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Definitions:

Marginalized

The state of being placed in a position of insignificance or marginal importance within a society or group, often leading to limited access to resources and opportunities.

At-risk

A term referring to individuals, particularly youth, who are considered to have a higher probability of facing adverse situations such as failing in school, living in poverty, or experiencing abuse.

LGBTQI+

An acronym representing lesbian, gay, bisexual, transgender, queer or questioning, intersex, and other sexual orientations and gender identities.

Therapists

Therapists are professionals trained to provide treatment and rehabilitation for mental or psychological disorders through various techniques and methodologies.