Judicial Notice Flashcards

1
Q

judicial notice is a substitute for – whereby –

A

substitute for ev whereby the ct accepts certain matters as true without the need for formal proof

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2
Q

in order for a fact to be judicially noticed fact, it must be:

A

generally known within the trial ct’s territorial juris
OR
can be accurately and readily determined from soures whose accuracy cannot reasonably be questioned.

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3
Q

laws of foreign countries
regs of private agencies
municipal ordinances
matters of local geography…

A

MAY take judicial notice

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4
Q

fed or state law
indisputable facts and scientific propositions

jud notice is req by a party and ct is supplied w nec info

A

MUST take judicial notice

-no req necessary if fed st law or indisp fact or sci prop

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5
Q

once a fact is judicially noticed,

A

no contradictory ev is permitted on that issue

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6
Q

civil jur- __ accept as conclusive any fact judicially noticed

A

must

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7
Q

crim jur: ___ accept as conclusive any fact judicially noticed

A

may

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