Article II. Judicial Notice Flashcards
What kinds of facts may be judicially noticed?
(1) Generally known within the trial court’s territorial jurisdiction;
(2) Can be accurately and readily determined from source whose accuracy cannot reasonably be questioned.
FRE 201(b) (2012).
What conditions are required for a court to take judicial notice?
The court:
(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
FRE 201(c) (2012).
When can a court take judicial notice?
At any stage of the proceeding. FRE 201(d) (2012).
Do parties have an opportunity to be heard on the propriety of taking judicial notice?
On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact being noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard. FRE 201(e) (2012).
How must a court instruct a jury regarding judicial notice in a civil case?
In a civil case, the court must instruct the jury to accept the noticed fact as conclusive.
How must a court instruct a jury regarding judicial notice in a criminal case?
In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
What is the scope of the judicial notice requirement?
The judicial notice rule governs judicial notice of an adjudicative fact only, not a legislative fact. FRE 201(a) (2012).
What are “adjudicative facts”?
Adjudicative facts are those facts that are necessary to prove or are used to prove a question of fact as distinguished from a question of law.
Mueller & Kirkpatrick, Evidence 68 (5th ed. 2012).
What policy justifies prevent regualting judicial notice of legislative facts?
The omission of any treatment of legislative facts results from fundamental differences between adjudicative facts and legislative facts. Adjudicative facts are simply the facts of the particular case. Legislative facts, on the other hand, are those which have relevance to legal reasoning and the law making process, whether in the formulation of a legal principle or ruling by a judge or court or in the enactment of a legislative body.
Mueller & Kirkpatrick, Evidence 69 (5th ed. 2012).
What are the two types of basic facts?
(1) Communicative facts
(2) Evaluative facts
What are communicative facts?
Knowledge of the English language and a sufficient vocabulary to understand at least lay testimony.
Mueller & Kirkpatrick, Evidence 75 (5th ed. 2012).
What are evaluative facts?
General background facts necessary to evaluate or appraise the evidence in the case.
Mueller & Kirkpatrick, Evidence 75 (5th ed. 2012).
What does the generally knowledge standard cover?
The general knowledge standard covers a breathtaking variety of facts, including matters of geography, current events, language and word usage, history and politics, economic conditions, and similar facts.
Mueller & Kirkpatrick, Evidence 81 (5th ed. 2012).
