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Evidence > Judicial Notice > Flashcards

Judicial Notice Flashcards

1
Q

Judicial Notice

A

When a court recognizes a fact as true without formal presentation of evidence, either on its own or upon formal request of a party

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2
Q

Judicially-Noticeable Facts

A

Facts that are:

  • manifest (capable of verification by a source that is not subject to reasonable dispute), or
  • notorious (generally known within the jurisdiction
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3
Q

Judicial Notice of Laws

A

Court MUST take judicial notice of federal and state laws and regulations

  • All other laws: court has discretion (e.g. municipal ordinances, foreign laws)
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4
Q

Effect of Judicially-Noticed Facts/Laws

A

Civil: Jury MUST take judicially-noticed facts as conclusive

Criminal : Jury MAY take judicially-noticed facts as conclusive, but not required to

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5
Q

Judicial Testimony

A

A presiding judge cannot testify as a witness at trial

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Evidence (10 decks)

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