Judicial Notice Flashcards
0
Q
What should the judge include in the jury instructions re judicially noticed facts?
A
CRIMINAL CASES: “You MAY take [fact X] as given.”
CIVIL CASES: “You MUST take [fact X] as given.”
1
Q
What two kinds of facts can a judge take judicial notice of?
A
(1) Notorious facts (known by the local community)
2) Manifest facts (capable of indisputable verification through a readily available, undoubtedly accurate source
2
Q
May a judge take judicial notice of a fact even if neither side requests it?
A
Yes
