Judicial Notice Flashcards
1
Q
What is Judicial Notice?
A
Judicial notice is a substitute for proof where the court accepts facts as true without requiring formal presentation of evidence
Judicial notice is mandatory if: requested by a party, and supplied with the necessary information
2
Q
What are the two types of Judicial Notice?
A
a) Commonly Known Facts
i) Facts generally known within the jurisdiction of the court
b) Facts that are capable of accurate and ready determination which are not subject to reasonable dispute
i) For example, historical records; prevailing interest/mortgage rates; rainfall accumulations
3
Q
What are the effects of a jury instruction on Judicial notice?
HIGHLY TESTED
A
a) Civil jury: must accept the fact as true
b) Criminal jury: may accept the fact as true
