Chapter 2 - Facts which need not be proved by evidence

Question 1

What is judicial notice ?

Answer 1

When a fact is so notorious as to be beyond any rational dispute (ie, it’s dark at night, Wednesday comes after Tuesday etc)

a) notorious facts;
b) domestic law;
c) state matters (governmental, constitutional, administrative, political, international and diplomatic);
d) official signatures (certificates and governmental documents).
Notorious fact judicial notice may be made without inquiry (everyone knows the fact); or with inquiry (court refreshing memory - ie, historical facts, court judgements etc)

S 43, 65-68 EAQ
S 144 EAC

Question 2

No proof is required in these 4 instances:

Answer 2

1) Judicial notices
2) Formal admissions
3) estoppel
4) Presumptions

Question 3

Formal admissions of a party

Answer 3

Evidence need not be given of facts that are formally admitted.
Civil: ‘agreed fact’, pleadings
Criminal: plea of guilty only as rules of evidence may not be waived once the trial has begun.
S 184 EAC
Formal admission in one proceeding is merely an informal admission in another.