judicial notice Flashcards
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
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
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