9. Judicial Notice + CA Prop 8

Question 1

Judicial Notice - General Principles and Application

Answer 1

A court may take judicial notice of facts not subject to reasonable dispute because they are either generally known within the jurisdiction or capable of accurate and ready determination. A court may take judicial notice sua sponte or upon a party’s formal request. Judicial notice can be taken for the first time on appeal. In federal courts, judicial notice in criminal cases requires jury instruction that it is not conclusive, while in civil cases, the jury must accept it as conclusive. In California, judicially-noticed facts are conclusive in both criminal and civil cases.

Question 2

Judicial Notice - Definition and Application

Answer 2

A court may take judicial notice of facts not subject to reasonable dispute because they are either generally known within the jurisdiction or capable of accurate and ready determination. A court may take judicial notice of a matter sua sponte, or upon a party’s formal request. Judicial notice can be taken for the first time on appeal.

Question 3

Judicial Notice - Federal Court Application in Criminal Cases

Answer 3

In federal court in a criminal case, a court may judicially notice a fact but must instruct the jury that the judicial notice is not conclusive, and that the jury can reject it.

Question 4

Judicial Notice - Federal Court Application in Civil Cases

Answer 4

In a federal court civil case, the judge may take judicial notice of a fact and the jury must accept the judicially noticed fact as conclusive.

Question 5

Judicial Notice - California Application

Answer 5

In California, judicially-noticed facts are conclusive in both criminal and civil cases.

Question 6

CA Proposition 8 - Truth in Evidence Act

Answer 6

Under California’s Proposition 8 - the Truth in Evidence Act - all relevant evidence is admissible in criminal cases, subject to certain exceptions. Proposition 8 applies only in criminal cases, not in civil cases.

TIP:
1) For any CA Evidence essay, start discussion with CA Prop 8 Rule. Analysis will be like:
Here, this [is /is not] a criminal case.
Thus, Prop 8 [does/does not] apply

2) Then, for each piece of evidence (after addressing pertinent issues), include a small discussion of Prop 8.

This is the IRAC:

Prop 8 does not apply to hearsay, privileged evidence, character evidence, and evidence that does not satisfy the best evidence rule.

Here, Prop 8 [does / does not] alow the introduction of [evidence] because it includes [hearsay / privileged evidence / character / evidence that does not satisfy the best evidence rule].

Thus, Prop 8[does /does not] impact admissibility.

Accordingly, [evidence] [is / is not] admissible.