Judicial Notice

Question 1

judicial notice principle

Answer 1

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

Question 1

judicially-noticeable facts

Answer 1

facts that are
1. manifest facts: those capable of verification by a source that is not subject to a reasonable dispute, or
2. notorious facts: those generally known within the jurisdiction

Question 2

judicial notices of law

Answer 2

courts must take judicial notice of fed and state law and regulations
- all other laws – court has discretion

Question 3

effect of judicially-noticed facts/laws

Answer 3

civil: jury must take judicially-noticed facts as conclusive
criminal: jury may take judicially-noticed facts as conclusive, but not required to

Question 4

judicial testimony

Answer 4

a presiding judge can not testify as a witness at a trial

Question 5

preliminary Qs

Answer 5

court **must **decide any preliminary questions about whether:
W is qualified
privilege exists, or
evidence is admissible

Court not bound by FRE but by privileges

Question 6

relevance that depends on a fact

Answer 6

relevancy turns on whether underlying fact exists, then it’s admissible when:
material fact: preponderance of the evidence (jury could reasonably believe it to be fact)
collateral offense: plain, clear, and convincing evidence that D committed the offense