What are the two types of presumptions used in the law of evidence? Explain.
What will be an ideal response?
In the law of evidence, a presumption is a term of art that has limited and specific effects in operation. Presumptions may be 1) "mandatory" or 2) "rebuttable." "Rebuttable" presumption means the opponent of the presumption may introduce evidence to rebut the presumption's conclusion. A true presumption requires the jury to find the presumed fact from the existence of the basic fact and may be called a "mandatory presumption." When a true presumption operates, the jury is told that they must find a presumed fact to exist, even when there is no evidence of the presumed fact other than the evidence of the basic fact.
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Sykes (1958) does not think that the use of ______ offers an adequate basis for prison officers to enforce controls.
What will be an ideal response?
If two partners are unable to get along, obviously the simple solution might first involve:
a. Transferring one b. Determining the nature of the conflict c. Transferring both d. Dissolving the partnership
In some states, __________ have duties such as serving court orders, preparing bond forms, and even conducting some security duties.
Fill in the blank(s) with the appropriate word(s).
_______________________was commissioned the first warden of the Auburn State Penitentiary in New York in 1821; he instituted a system that called for incarcerated people to adhere to strict discipline and to wear pinstripes and to walk in lockstep.
A. Zebulon Brockway B. Elam Lynds C. John Haviland D. Sanford Bates