Question

A defendant is on trial for violating a statute forbidding possession of a concealed weapon within 100 yards of a government building. The prosecution presents evidence that the defendant was arrested on a street corner with a handgun in his pocket. The building housing the local city hall occupies the entire block on the north and east sides of the two streets where the defendant was apprehended.

Which of the following statements is most accurate regarding judicial notice of the location of the city hall?

A The judge may take judicial notice of this fact without resort to a map, and should instruct the jury that it may, but need not, accept this fact as evidence of an element of the offense.
B The judge may take judicial notice of this fact only upon reference to an official street map of the city.
C The judge may not take judicial notice of this type of fact in a criminal case without a request by the prosecution.
D If the judge properly takes judicial notice of this fact, a presumption is created that shifts the burden of persuasion to the defendant to disprove this fact.

Answer 1

The judge may take judicial notice of this fact without resort to a map, and should instruct the jury that it may, but need not, accept this fact as evidence of an element of the offense

Step-by-step explanation:

Trial courts

This is a type of court where they listen to testimony, put evidence into consideration, and decide the facts in disputed occurrences or situations. There are 2 parties in each case.

Judicial Notice

This is knowing that a fact is true even without the formal presentation of any piece of evidencee

Types of Judicial Notice

1. Legislative Facts: includes legal reasoning and lawmaking, constitutions, statutes etc.

2. Adjudicative Facts: this occurs in specialcase. Either when generally known in the jurisdiction or when capable of ready movement or determination.