Order Judicial Notice Discussion Assignment

Order Judicial Notice Discussion Assignment
Order Judicial Notice Discussion Assignment
Assume each of the following facts is relevant to the determination of a factual dispute at issue
m a case.
316. Which would probably not be a proper subject of judicial notice?
(A) That palm trees grow better in warm climates than in cold climates.
(B) That deuterium is an isoto
pe of hydrogen in which the nucleus of the atom
contains both a proton and a neutron.
(C) That a certain road was not plowed for twenty-four hours after a particular snow
storm.
(D) That stores in the state in which the case is being tried are not allowed to sell
packaged liquor on Sundays.
Order Judicial Notice Discussion Assignment
Negligence action by P against D after the Expunger SUV D was driving struck P in a crosswalk,
injuring P. D admits striking P, but denies negligence, claiming that he was momentarily blinded
by an extremely bright sun shining directly into his eyes just before the accident. P asks the court
to take judicial notice that the sun was obscured by heavy clouds for the entire day. To support
judicial notice, P presents the court with an official National Weather Service log showing that on
the day in question, the entire area was shrouded by heavy clouds. After hearing argument, the
court agrees to take judicial notice.
317. Which of the following statements is correct?
(A) After the court takes judicial notice, D may offer a witness to testify that the day
was sunny.
(B) During closing argument, D may encourage the jury to find that she was
momentarily blinded by bright sunshine at the time of the accident.
(C) The court may instruct the jury to accept as conclusive that the sun was obscured
by heavy clouds for the entire day.
(D) The court must instruct the jury to accept as conclusive that the sun was obscured
by heavy clouds for the entire day.
Civil rights action by P, a prison inmate, against D, the warden, for requiring him to subject
himself to a test for AIDS. D argues that the intrusion on Pis justified because of the danger posed
by the disease. At trial, however, D presents no evidence of the danger caused by the disease.
Instead, she asks the court to take judicial notice of the danger.
318. Which of the following statements is most likely true?
(A) It would be proper for the court to take judicial notice.
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Order Judicial Notice Discussion Assignment
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