The difference between a presumption and an inference is that:
A) a presumption is an absolute requirement that the jury must follow in a criminal case while inference allows a jury to ignore the conclusion that is normally drawn with respect to an inference.
B) a presumption has a mandatory effect in criminal cases, and an inference has very little effect because its conclusion is so weak.
C) a presumption is the deduction of fact that a jury "must" draw if the first fact on which it is based is proved, but it is not required to make the deduction in a criminal case, whereas an inference has less strength and a jury has the ability to draw the deduction or to refuse to draw the deduction with respect to an inference in a criminal case.
D) A jury is required to follow an inference in a criminal case, but it has the discretion not to follow a presumption even if the preliminary fact has been proven.
Correct Answer:
Verified
Q34: States that have adopted the Uniform Judicial
Q35: Judicial notice may be taken of municipal
Q36: When a judge has taken judicial notice
Q37: In regard to judicial notice of jurisdiction
Q38: When both parties reach an agreement concerning
Q40: There are several reasons or explanations for
Q41: One commonly stated presumption approved by courts
Q42: Presumptions have been classified as presumptions of
Q43: A presumption of fact:
A) may usually be
Q44: In some cases, courts have given the
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents