Sam Is Sitting in a Courtroom Doing an Assignment for His

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.