2. Judicial Notice/Presumption Flashcards
What is Judicial Notice?
Judicial notice is a substitute for evidence whereby the court accepts certain matters as true without the requirement of formal proof.
What is Judicial Notice for Legislative Facts under Rule 201(a)?
Under Rule 201(a), legislative facts are not recognized within the subject of judicial notice, but are considered instead to be part of the overall judicial process.
What are the two kinds of facts that are Judicially noticed under Rule 201(b)?
- Facts Commonly Known In The Territory
- Easily Verifiable Facts
When can the court take Judicial Notice Under Rule 201(c)?
Under Rule 201(c), the court may take judicial notice:
i.) on its own; or
ii.) MUST take judicial notice if a party requests it and the court is supplied with the necessary information.
When may the court take judicial notice whether or not requested by a party?
- Laws of foreign countries
- Regulations of private agencies
- Municipal ordinances
- Matters of local geography
When must the Court take judicial notice without request by either party?
- Federal and state law
- Indisputable facts and scientific propositions
What happens once a fact is judicially noticed?
Once a fact is judicially noticed, no contradictory evidence is permitted on that issue.
What is the effect of a Civil Jury instruction on judicial notice?
A civil jury must accept a judicially noticed fact as conclusive.
What is the effect of a Criminal Jury instruction on judicial notice?
A criminal jury may, but is not required to, accept a judicially noticed fact as conclusive.
Under FRE 301, what is a presumption?
A presumption is a rule that requires a particular inference to be drawn from an ascertained set of facts.
What is the function of a presumption in legal terms?
It is a form of substitute proof or evidentiary shortcut where proof of the presumed fact is rendered unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption.
How is a presumption overcome or destroyed?
A presumption is overcome when the adversary produces some evidence contradicting the presumed fact.
What is the ‘bursting bubble’ view in relation to presumptions?
Once the party opposing a presumption presents some evidence showing the non-existence of the presumed fact, the presumption disappears from the case.
What is the presumption of innocence in criminal cases?
The accused in a criminal case is presumptively innocent until the prosecution proves every element of the offense beyond a reasonable doubt.
What does a ‘presumption’ in a criminal case represent?
A ‘presumption’ in a criminal case is truly nothing more than a permissible inference.
What happens if a presumption in a criminal case is considered mandatory?
If mandatory, it is subjected to stringent constitutional scrutiny and may be unconstitutional if it shifts the burden of persuasion to the defendant.
Why is shifting the burden of persuasion to the defendant in a criminal case problematic?
It runs afoul of the constitutional principle that the prosecution must prove each element of the crime beyond a reasonable doubt.
