Problem: This is a criminal case in which the defendant is charged with willfully intercepting wire and oral communications between people over a telephone, in violation of a federal statute.
The case is now on trial. At the conclusion of the prosecution's case-in-chief, the defense moves for a directed verdict on the grounds that the government failed to establish the necessary element that the wire-tap was connected to facilities operating in interstate communications.
Plaintiff then moves for leave to reopen its case-in-chief and asks the court to take judicial notice that interstate wire communications are transmitted through lines of the Northeastern Bell Telephone System. Plaintiff says it is a matter of common knowledge that telephone lines carry interstate calls. The following then happens:
Defendant: Your honor, we object.
Judge: basis?
1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. If the objections are overruled, how should the facts judicially noticed be submitted to the jury?