Judicial Notice-200s

Question 1

What is judicial notice facts?

Answer 1

Judicial notice is the process by which a court takes recognition of a fact in the absence of any formal proof.

Question 2

When is judicial notice of facts appropriate?

Answer 2

Judicial notice is appropriate when the fact sought to be proved is reasonable beyond dispute.

Question 3

What are the 2 kinds of judicial notice of facts?

Answer 3

The 2 kinds of judicial notice of facts are 1) GENERALLY KNOWN WITHIN THE TERRITORIAL JURISDICTION OF THE TRIAL COURT or 2) CAPABLE OF ACCURATE AND READY DETERMINATION BY RESORT TO SOURCES WHOSE ACCURACY CANNOT REASONABLE BE QUESTIONED.

Question 4

When my judicial notice of fact be taken?

Answer 4

Judicial notice of fact may be taken AT ANY STAGE OF THE PROCEEDING.

Question 5

What are the 4 areas of judicial notice?

Answer 5

4 areas of judicial notice. 1) ADJUDICATIVE FACTS, 2) LEGISLATIVE FACTS, 3) EVALUATIVE FACTS, and 4) LAW

Question 6

What TRE addresses judicial notice for legislative facts?

Answer 6

TRE does not address judicial notice for legislative facts.

Question 7

What are the only 2 areas of judicial notice TRE addresses?

Answer 7

Adjudicative facts and Law

Question 8

Adjudicative facts are

Answer 8

Adjudicative facts EXPLAIN WHO DID WHAT, WHEN, HOW, AND WITH WHAT MOTIVE & INTENT. These facts are case specific.

Question 9

Can the court take judicial notice sua sponte?

Answer 9

The court CAN take judicial notice sua sponte