Judical notice

Question 1

What kind of facts do judicial notice apply to?

Answer 1

Adjudicative facts

Question 2

What is an adjuducative fact?

Answer 2

The facts of that particular case; facts that usually go to the jury. Must be proven by evidence, stipulation, or judicial notice.

Question 3

What is a legislative fact?

Answer 3

Facts which have relevance to legal reasoning & the lawmaking process

Question 4

What is stipulation?

Answer 4

when parties agree that a certain fact is established. Both parties must agree

Question 5

What kinds of facts can be judicially noticed?

Answer 5

A fact that is not subject to reasonable dispute because it;
* Is generally known within the trial court’s territorial jurisdiction
* Can be accuratly & redily determined from sources whose accuracy can’t be reasonably questioned

scientific facts, georaphy, history

Question 6

How can the court take judicial notice?

Answer 6

The court
* MAY take judicial notice on its own
* MUST take judicial notice if a party requests & the court is supplied w/ the necessary info

Question 7

When can the court take judicial notice?

Answer 7

At any stage in the proceeding

Question 8

201(d) opportunity to be heard

Answer 8

a party is entitled to be heard on the propriety of taking judicial notice & the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request is still entitled to be heard.

Question 9

How must the court instruct a civil case jury on a judicially noticed fact?

Answer 9

the court must instruct the jury to accept the noticed fact as conclusive.

Question 10

How must the court instruct a criminal case jury on a judicially noticed fact?

Answer 10

The court must instruct the jury that it may or may not accept the noticed fact as conclusive.