FInals Review

Answer 1

Judicial notice - discretionary
RULES on records of cases:
-Courts can take judicial notices of records of the same case
-Courts not authorized to take judicial notice of records of OTHER case w/n pending before same judge (see xpn below)

XPN
1. Failure to object; frequently referred to
2. Closely interconnected
3. Public interest (it’s so important)
4. To determine reasonable exercise of discretion
5. Finality of judgment in a case

Answer 2

Judicial notice - discretionary
RULES on Foreign laws
-Courts not authorized to take JN of foreign laws
XPN:
1. Evident familiarity;
2. Law of nations; (mandatory)
3. published treatise, periodical or pamphlet (see hearsay rules)
4. Foreign statute accepted by PH gov’t
5. Foreign judgment containing foreign law recognized for enforcement
6. Foreign law refers to common law doctrines and rules from which many of our laws were derived (e.g. US laws have persuasive effect)

Note: Doctrine of processual presumption

Question 3

What are the exceptions to the original document rule?

Question 4

What is the original of a document?