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:

STIs

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Dihydrotestosterone

A potent androgen hormone that plays a role in the development of male characteristics and is produced from testosterone.

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A common virus that can lead to various health problems, including genital warts and cervical cancer; has different strains, some of which are preventable by vaccination.

Vas Deferens

A conduit that moves sperm from the epididymis to the ejaculatory ducts as part of the preparation for ejaculation.