Judicial Notice - 201

Question 1

What is judicial notice?

Answer 1

• A substitute for proof where the cts accepts certain adjudicated facts as true w/o requiring formal presentation
• asking for a fact to be proved although noevidence was presented
• Broad subject areas
  
  • geography
  • science
  • history
  • calendars
  • gov’t records

Question 2

Example of judicial notice broad subject areas.

Answer 2

EXAMPLE: That the Bronx is uptown.

EXAMPLE: Austin is the capital of Texas.

EXAMPLE: Taking judicial notice that a local street runs one way.

Question 3

What are the kinds of judicial notice?

Answer 3

1. Commonly known facts which are not subject to reasonable dispute
   
   • generally known w/in the jurisdiction
2. Facts which are capable of accurate & ready determination by resort to sources of unquestionable accuracy
   
   • Include: accuracy of radar, blood test, historical records, mortality rates, DNA

NOTE:

• Ct will not take judicial notice that the SC is conservation, 2nd hand smoke causes lung cancer
• Judge may not take judicial notice merely b/c it is w/in her knowledge

Question 4

When is judicial notice mandatory?

Answer 4

• Mandatory if [201(d)]:
  
  • Requested by a pty AND
  • Supplied w/the necessary information

Question 5

When can issues with judicial notice be raised for the first time?

Answer 5

• At any time
  
  • oretrial
  • during trial
  • on appeal
• Opposing pty does not need notice but can dispute the taking of
• once a fact is judicially notice, no contradictory evidence permitted

Question 6

What does a jury do with judicial notice?***********

Answer 6

• Civil trial
  
  • Must accept as true
• Criminal trial
  
  • Jury may accept as true but not required

Question 7

HYPO - Judicial Notice

Dirk is accused of burglary, defined by statute as “the breaking and entering of a dwelling at night with the intent to commit a felony therein.” The prosecution requests that the judge take judicial notice of the following facts: (1) that the sun set at 7:52 p.m. on the day of the burglary, (2) that all of the buildings on the block with that address that was burglarized are zoned residential, and (3) that most people lock their doors when leaving their homes.

Which facts should the judge take judicial notice of? What instructions should the jury be given regarding facts judicially noticed?

Answer 7

1. yes take judicial notice, accurate & ready determination; can look @ a farmer’s almnac or newspaper
2. yes taake judicial notice; accurate & ready determination
3. no, do not take judicial notice

Question 8

Recap:

Bart was on trial for the murder of Sam. Sam was killed at 3pm on Saturday, June 3rd. At the start of the trial, Bart testified that he went to the movie theater on the day in question. Bart said he was watching the movie “The Clue” during the time Sam was killed. Bart’s attorney requested that the court take judicial notice that “The Clue” was playing at the local movie theater at 2:45pm, Saturday, June 3rd, and presented a clipping from the newspaper. The Gazette has held a long tradition of accuracy and honesty. The court thereafter took judicial notice of the time of the movie.

Was the court’s action proper?

(A) Yes, because the time of the movie was not subject to reasonable dispute.

(B) Yes, because the request for judicial notice occurred during the beginning of trial.

(C) No, because this type of fact is not generally known within the jurisdiction.

(D) No, because no facts were presented to indicate that Bart was actually at the movie.

Answer 8

(A) Yes, because the time of the movie was not subject to reasonable dispute.

Note (d) b/c that just goes to the weight

Question 9

Recap: 1. What is judicial notice?

Answer 9

A substitute for proof where the cts accepts certain adjudicated facts as true w/o requiring formal presentation