Answer 5 of the 10 following questions.  Please number your

Answer 5 of the 10 following questions.  Please number your answers to correspond to the number of the applicable question.

  1. Is the jury present when hearings on the admissibility of a confession are conducted?  Cite the applicable rule that applies to this situation and explain the reason for the rule.
  2. State and explain three ways in which the approach to the use of evidence in civil cases differs from the approach in criminal cases.
  3. What is the role of the prosecutor in handling evidence at trial? The role of the judge? The role of the jury? What is meant by the statement, “The burden of proof of guilt in a criminal case is on the prosecution throughout the trial”?
  4. Define burden of proof, burden of going forward, and burden of persuasion.
  5. In some instances, the defendant has the burden of proving affirmative defenses. Does this violate the Constitution? Explain your answer with respect to several affirmative defenses, including the federal insanity defense.
  6. The courts have established procedures for presenting evidence in court. In the usual criminal case, what is the order of presenting the evidence? What are the limitations of each party in offering rebuttal evidence and rejoinder evidence? Why does the prosecution present its evidence before the defense presents its evidence?
  7. Define “judicial notice.” There are two categories of judicial notice: judicial notice of facts and judicial notice of laws. Describe the requirements for the court’s taking judicial notice of facts. What are the limits placed upon the kinds of facts that may be judicially noticed. Under what circumstances may a judge take judicial notice of law?
  8. What is the difference between a presumption and an inference?
  9. What is a stipulation? Distinguish between a stipulation of testimony and a stipulation of fact.
  10. Every person is presumed to be sane. Is this presumption rebuttable or conclusive? Explain your answer.

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