Answer:
Step-by-step explanation:
37.)Which of the following statements is NOT accurate with respect to judicial notice?
a) a judicially noticed fact must be one not subject to reasonable dispute
b) judicial notice promotes trial efficiency
c) judicial notice is treated differently with respect to civil and criminal trials
d) judicial notice is only appropriate during the prosecutors case in chief
38.)Tom Markell is stopped by the police while driving his automobile on his way home from
work. It turns out that there are tow other passengers in the car, Jay and Larry. The police
observe a handgun on the floor of the interior of the automobile. All three occupants of the
vehicle state, "what gun..I didn't know there was a gun in the vehicle. As the prosecutor
on the case, can all three occupants of the vehicle be charged with criminal possession of a weapon?
a) yes, under the theory of judicial notice
b) yes, under the open view presumption under the law
none of the occupants of the vehicle constructively possessed the firearm
c) no, none of the occupants of the vehicle constructively possessed the firearm
d) no, it is pure speculation that any of the occupants of the vehicle