Evidence AMP - Judicial Notice, Procedural Considerations Flashcards
A jury must accept as conclusive any fact judicially noticed __________.
A In a criminal case, but not in a civil case
B In both civil and criminal cases
C In a civil case, but not in a criminal case
D In neither civil nor criminal cases
C
Federal Rule 201(f) provides that a judicially noticed fact is conclusive in a civil case but not in a criminal case. The Federal Rule states that in a civil case, the court must instruct the jury to accept as conclusive any fact judicially noticed; in a criminal case, on the other hand, the jury is instructed that it may, but is not required to, accept as conclusive any fact judicially noticed. QUESTION ID: E0135 Additional Learning
When two or more conflicting presumptions arise in a case, who decides which presumption should apply?
A The judge
B The jury
C The presumption most favorable to the defendant automatically applies
A
A presumption is a rule that requires that a particular inference be drawn from an ascertained set of facts. It is a form of substitute proof or evidentiary shortcut, in that proof of the presumed fact is rendered unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption. If two or more conflicting presumptions arise, the judge, not the jury, must apply the presumption that is founded on the weightier considerations of policy and logic. There is no automatic application of the presumption most favorable to the defendant. QUESTION ID: E0037A Additional Learning
In a dispute between the parties regarding whether a particular document was signed by the defendant, or by a forger, who decides this preliminary fact under the Federal Rules?
A The Federal Rules provided no guidance on this question
B The judge
C The jury
C
Under the Federal Rules, the jury decides questions of relevancy of evidence, while the judge decides questions of the competency of relevant evidence. A jury may decide certain preliminary facts regarding authenticity because this issue goes to relevancy. Here, where there is a dispute about whether a note was signed by the defendant (as opposed to a forger), the authenticity of the document is decided by the jury because a forged document is irrelevant. QUESTION ID: E0040A Additional Learning
A party’s burden of __________ is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law.
A Persuasion
B Producing evidence
C Proof by a preponderance of the evidence
B
A party’s burden of producing evidence is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law. There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury. If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the party with the burden of persuasion must lose. The burden of producing evidence is only concerned with presenting sufficient evidence to bring the issue before the jury. Preponderance of the evidence refers to a standard a party must meet, in certain cases, in order to sustain their burden of persuasion. QUESTION ID: E0036B Additional Learning
What legal term refers to the burden of introducing sufficient evidence to avoid judgment as a matter of law?
A Burden of persuasion
B Burden of producing evidence
C Burden of proof beyond a reasonable doubt
B
The burden of producing evidence is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law. There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury. If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the party with the burden of persuasion must lose. The burden of producing evidence is only concerned with presenting sufficient evidence to bring the issue before the jury. Proof beyond a reasonable doubt refers to a standard a party must meet, in certain cases, in order to sustain their burden of persuasion. QUESTION ID: E0036C Additional Learning
A court may (but is not required to) take judicial notice of:
A Public state statutes
B The United States Constitution
C Municipal ordinances
D Federal treaties
C
Most courts may, upon being supplied with sufficient information, take judicial notice of municipal ordinances, private acts or resolutions of Congress and of the local state legislature, or the laws of foreign countries. Judicial notice is mandatory (i.e., the court must take notice without request) for federal public law (e.g., the United States Constitution, federal treaties), state public law (e.g., public state statutes), and official regulations. QUESTION ID: E0137 Additional Learning
The term “burden of proof” involves:
A Just the burden of persuasion
B Just the burden of producing evidence
C Both the burden of producing evidence and the burden of persuasion
C
The term “burden of proof” encompasses two separate burdens: the burden of producing evidence and the burden of persuasion. The burden of producing evidence is the burden of introducing sufficient evidence to avoid judgment as a matter of law against the party bearing the burden. There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury. The burden of persuasion comes into play after the evidence has been introduced. If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the party with the burden of persuasion must lose. QUESTION ID: E0036A Additional Learning
Which of the following is an accurate statement about presumptions?
A If two or more conflicting presumptions arise, the jury decides which presumption to apply
B Presumptions are always conclusive
C Proof of the presumed fact is unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption
C
A presumption is a rule that requires that a particular inference be drawn from an ascertained set of facts. It is a form of substitute proof or evidentiary shortcut, in that proof of the presumed fact is rendered unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption. If two or more conflicting presumptions arise, the judge, not the jury, shall apply the presumption that is founded on the weightier considerations of policy and logic. Many presumptions are rebuttable rather than conclusive. A presumption is overcome or destroyed when the adversary produces some evidence contradicting the presumed fact. In other words, the presumption is of no force or effect when sufficient contrary evidence is admitted. This is the federal view adopted by Federal Rule 301, except where state law provides the rule of decision. QUESTION ID: E0037C Additional Learning
Under the Federal Rules of Evidence, which of the following preliminary facts is to be decided by the jury?
A Facts to establish the existence of a privilege.
B Whether a witness should be disqualified for not appreciating the need to tell the truth as a result of his mental incapacity.
C Whether a document was signed by the defendant or by a forger, if disputed.
D Facts involving the standards of trustworthiness of alleged exceptions to the hearsay rule.
C
Under the Federal Rules, the jury decides questions of relevancy of evidence, while the judge decides questions of the competency of relevant evidence. A jury may decide certain preliminary facts regarding authenticity as this issue goes to relevancy. For example, if there is a dispute about whether a note was signed by the defendant (as opposed to a forger), the authenticity of the document is to be left for the jury because a forged document is irrelevant. All preliminary fact questions involving the standards of trustworthiness of alleged exceptions to the hearsay rule must also be determined by the judge. For example, the judge must decide whether a statement offered as a dying declaration was made under a sense of impending death, or whether a purported business record was made in the regular course of business. The judge must determine whether a witness is disqualified for not appreciating the need to tell the truth as a result of his mental incapacity. Preliminary facts to establish the existence of a privilege must be determined by the judge. QUESTION ID: E0040 Additional Learning
Which legal phrase refers to a rule that requires that a particular inference be drawn from an ascertained set of facts?
A “Presumption”
B “Burden of producing evidence”
C “Judicial notice”
A
A presumption is a rule that requires that a particular inference be drawn from an ascertained set of facts. It is a form of substitute proof or evidentiary shortcut, in that proof of the presumed fact is rendered unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption. The burden of producing evidence is the burden of introducing sufficient evidence to avoid judgment as a matter of law against the party bearing the burden. There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury. Judicial notice is the recognition of a fact as true without formal presentation of evidence. QUESTION ID: E0037B Additional Learning
A court will take judicial notice of the following facts:
A Matters a judge personally knows to be true, and matters of common knowledge within the community
B Matters of common knowledge within the community, and matters easily verified by resorting to easily accessible, well-established sources
C Matters of common knowledge within the community only
D Matters easily verified by resorting to easily accessible, well-established sources, and matters a judge personally knows to be true
B
A court will take judicial notice of (i) matters of common knowledge within the community (notorious facts), and (ii) matters easily verified by resorting to well-established, easily accessible sources (manifest facts). The court will not necessarily take notice of what a judge personally knows to be true. A judge may have to ignore facts that he knows as a private person if those facts are neither commonly known in the community nor capable of certain verification by resort to easily accessible sources of indisputable accuracy. QUESTION ID: E0132 Additional Learning
The court will take judicial notice of the following fact:
A That Sam’s Bar has a working surveillance camera on its premises
B That August 2, 2012, was a Thursday by reference to a calendar
C That a local restaurant is a “front” for an underground gambling ring, because the judge knows this personally
B
A court will take judicial notice that August 2, 2012, was a Thursday by reference to a calendar. The court will take judicial notice of certain facts that, while not generally known and accepted, are easily verified by resorting to easily accessible, well-established sources (such as a calendar). Judicial notice is the recognition of a fact as true without formal presentation of evidence. It is a judicial shortcut, a substitute for proof. Thus, judicial notice will not be taken that Sam’s Bar has a working surveillance camera on its premises. This is not the type of fact that will be judicially noticed. It is not a fact commonly known in the community or easily verifiable by resorting to easily accessible, well-established sources. Rather, proof is needed—that there is a camera and that it is in working condition. The court will not take judicial notice that a local restaurant is a front for an underground gambling ring simply because the judge knows this personally. A judge may not take judicial notice of facts that he knows as a private person if those facts are neither commonly known in the community nor capable of certain verification by resort to easily accessible sources of indisputable accuracy. QUESTION ID: E0133 Additional Learning
The term “burden of proof” encompasses two separate burdens: the burden of producing evidence and the burden of persuasion. Which of the following statements is correct?
A The burden of persuasion shifts to the adversary when the pleader has discharged her initial duty.
B The burden of producing evidence is the burden to introduce sufficient evidence to create a fact question of the issue involved.
C If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the party with the burden of producing evidence must lose.
D The burden of persuasion is the burden to introduce sufficient evidence to avoid judgment against the party as a matter of law.
B
The burden of producing evidence is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law. There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury. The burden of producing evidence is the burden to introduce sufficient evidence to avoid judgment against the party as a matter of law. The burden of persuasion comes into play after the evidence has been introduced. Although the burden of producing evidence is usually cast upon the party who has pleaded the existence of the fact, the burden as to this fact may shift to the adversary when the pleader has discharged her initial duty. The burden of persuasion does not shift between parties during the course of the trial. If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the party with the burden of persuasion must lose. The burden of producing evidence is only concerned with presenting sufficient evidence to bring the issue before the jury. QUESTION ID: E0036 Additional Learning
Which statement is false regarding judicial notice of a fact?
A A judicially noticed fact is conclusive in a civil case
B An appellate court is required to take judicial notice of any fact that the trial court properly noticed
C A court may only take judicial notice of a fact if a party formally requests it
D Judicial notice of a fact may be taken for the first time on appeal
C
It is incorrect to say that a court may take judicial notice of a fact only if a party formally requests it. A court may take judicial notice of a fact on its own accord. In instances where the court does not do so, then a party must formally request that notice be taken. Judicial notice may be taken for the first time on appeal. A reviewing court is required to take judicial notice of any matter that the trial court properly noticed or was obliged to notice. Federal Rule 201(f) provides that a judicially noticed fact is conclusive in a civil case but not in a criminal case. QUESTION ID: E0136 Additional Learning
Which statement is true regarding judicial notice of the scientific basis of test results?
A Once a particular scientific test has become sufficiently well-established, courts no longer require proof of the underlying basis of the test
B Although a court may take judicial notice of certain scientific tests, the results are never binding on the parties
C A court may never take judicial notice of scientific principles; expert testimony is always needed as to the underlying basis of the test
A
Trial courts have increasingly taken judicial notice of scientific principles as a type of manifest fact. Once a particular scientific test or principle has become sufficiently well-established (i.e., generally accepted among the scientific community), courts no longer require proof (expert testimony) of the underlying basis of the test. The results of such a test are therefore admissible into evidence. As stated above, a court MAY take judicial notice of a scientific principle if it is sufficiently well-established, and expert testimony is not always necessary. It is incorrect to say that scientific test results are never binding on the parties. Some scientific tests have achieved such universal acceptance that not only are the test results admissible into evidence, but the results are binding on the finder of fact in civil cases. QUESTION ID: E0134 Additional Learning
