Judicial Notice

Question 1

The parties are quibbling at trial about whether the sun was in the eyes of Joe Greene, the Clark Brothers maintenance worker, when he said he saw 2 people touching the tank cars. The judge, without a request of the parties, takes judicial notice that: a. The sun rises in the East;

Answer 1

Legislative because it is commonly accepted knowledge and not necessary to this case.

Question 2

1. The parties are quibbling at trial about whether the sun was in the eyes of Joe Greene, the Clark Brothers maintenance worker, when he said he saw 2 people touching the tank cars. The judge, without a request of the parties, takes judicial notice that: b. The official City of St. Louis streets map correctly shows the location of streets in the City of St. Louis;

Answer 2

Yes judicial

Question 3

1. The parties are quibbling at trial about whether the sun was in the eyes of Joe Greene, the Clark Brothers maintenance worker, when he said he saw 2 people touching the tank cars. The judge, without a request of the parties, takes judicial notice that:c. That from his description, based on the street map, Joe Greene was west of the tank cars at the AB site;

Answer 3

Judicial because the jury would have to decide whether he was liable – judge is instructing with regard to facts of the case

Question 4

1. The parties are quibbling at trial about whether the sun was in the eyes of Joe Greene, the Clark Brothers maintenance worker, when he said he saw 2 people touching the tank cars. The judge, without a request of the parties, takes judicial notice that:d. From the judge’s personal memory, the sky was cloudless on May 5, 2008;

Answer 4

Adjudicative fact because it is specific to the case.

Question 5

1. The parties are quibbling at trial about whether the sun was in the eyes of Joe Greene, the Clark Brothers maintenance worker, when he said he saw 2 people touching the tank cars. The judge, without a request of the parties, takes judicial notice that:e. Because of a - d, Joe Greene would have had the sun in his eyes at the time he described seeing people touching the tank cars.

Answer 5

This is adjudicative judicial notice because it is based on the facts specific to the case.

Question 6

Problem 2. What type of judicial notice was the judge taking in each example?

Answer 6

Adjudicative facts.

Question 7

If a party objects to the action of the judge, what must be done to preserve the record for appeal?

Answer 7

Object! State a reasonable grounds based on the facts.

Question 8

During their case-in-chief, the plaintiffs ask the judge to take judicial notice that when ammonia and chlorine bleach combine, they produce chlorine gas.

a. What facts will need to be in the record for the judge to take the notice requested?

Answer 8

Plaintiffs must show that when ammonia and chlorine mix [in the presence of oxygen], they produce chlorine gas. Get a chemist or a few scientific journal articles.

Question 9

During their case-in-chief, the plaintiffs ask the judge to take judicial notice that when ammonia and chlorine bleach combine, they produce chlorine gas. b. What is the first objection AB should make to this request?

Answer 9

(1) “When was our chance to respond?”
(Question the opportunity for a judicial notice hearing.)
(2) “I don’t know that [the ammonia and chlorine mixing thing] is true.”
(Create a dispute that plaintiff must conquer with basic evidence.)

Question 10

c. Assume that the judge finds that the plaintiffs have produced enough evidence in the case to support the request, procedurally, what must occur before the judge can take notice of the fact?

Answer 10

Opposing party receives an opportunity to be heard [and oppose the judicial notice grounds].

Question 11

An essential element in the criminal case is that the explosive devices were not registered to the defendants in the National Firearms Transfer Record. The government asks the judge to take judicial notice of the National Firearms Transfer Record as a record of the Department of the Treasury. How should the judge respond?

Answer 11

The judge should take judicial notice as to the record being stored in the NFT Record and the relationship between

Question 12

Assume that the judge refuses the request in question 5 and the government introduces the lack of entry through a certified record from the custodian of the National Firearms Transfer Record. The government then asks the judge to take judicial notice that the devices were not registered to the defendants. How should the defendants respond to this request?

Answer 12

The judge should reject judicial notice because the explosive device’s registration is an essential element in a criminal case. (803(10) might succumb to Crawford in the coming years, can’t rely on it being there in our practice.)

Question 13

The government realizes, after convicting the defendants, that it never proved that the AB cite was in the Eastern District of Missouri. The government asks the 8th Circuit Court of Appeals to take judicial notice that the AB site is in St. Louis and that St. Louis is within the Eastern District of Missouri. How should the defendants respond?

Answer 13

Civil case: the Court of Appeals may take judicial notice at any time
Criminal case: the Court of Appeals may not take judicial notice at any time. This fact must have been resolved at the trial level to satisfy criminal defendant’s 6th Amendment right to confront the evidence presented against them.