Judicial Notice Flashcards
judicial notice is a substitute for – whereby –
substitute for ev whereby the ct accepts certain matters as true without the need for formal proof
in order for a fact to be judicially noticed fact, it must be:
generally known within the trial ct’s territorial juris
OR
can be accurately and readily determined from soures whose accuracy cannot reasonably be questioned.
laws of foreign countries
regs of private agencies
municipal ordinances
matters of local geography…
MAY take judicial notice
fed or state law
indisputable facts and scientific propositions
jud notice is req by a party and ct is supplied w nec info
MUST take judicial notice
-no req necessary if fed st law or indisp fact or sci prop
once a fact is judicially noticed,
no contradictory ev is permitted on that issue
civil jur- __ accept as conclusive any fact judicially noticed
must
crim jur: ___ accept as conclusive any fact judicially noticed
may