Evidence Rules Flashcards
1
Q
Judicial Notice
A
Courts will take judicial notice of a fact that is:
(i) generally known within the territorial jurisdiction of the court, or (ii) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
Records of any state or federal court may be judicially notices; they are easily verifiable.
2
Q
Presumption of a Presumed Fact
A
When the existence of a presumed fact is submitted to the jury in a criminal case, the judge must instruct the jury that it MAY regard the basic facts as sufficient evidence of the presumed fact, but that it is not REQ’D to do so.
