How do presumptions, inferences, and judicial notice function as substitutes for evidence? Are these constitutional? In what circumstances are these substitutes used?
What will be an ideal response?
Sometimes a situation will arise in which juries are not free to draw their own conclusions or inferences and are instructed on how to interpret a particular piece of evidence. These situations are considered substitutions for evidence, and they include presumptions, stipulations, and judicial notice. Stipulations are often facts that both parties have either agreed upon or have facts that have been unsuccessfully challenged. A presumption differs from an inference in that a certain conclusion must be drawn, while a conclusion by inference may be drawn. Judicial notice refers to items that are commonly recognized as fact by the court (nonevidence facts) and are introduced in jury trials through judicial instruction. Evidence law is vague, inconclusive and evolving. Presumptions, inferences, and judicial notices are used in a manner to ensure consistency and streamline courtroom procedure in truth-finding.
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What will be an ideal response?
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