judicial notice Flashcards

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1
Q

judicial notice

A

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

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2
Q

judicially-noticable facts

A

1) manifest facts - those capable of verification by a source that is not subject to reasonable dispute

2) notorious facts - those generally known within the jdx

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3
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

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