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Sam Is Sitting in a Courtroom Doing an Assignment for His

Question 11

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 inform the jury about the stipulation?


A) Yes, the prosecution has the right to enter stipulations in criminal trials.
B) Judge John should accept the stipulation only if he believes it is true.
C) Judge John should reject Paul's request for a stipulation because Dick did not agree to it.
D) Judge John should reject Paul's request for a stipulation because stipulations are unconstitutional in criminal cases.

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