Judicial Notice Flashcards
What is judicial notice?
Judicial notice is the recognition of fact as true without formal presentation of evidence
What facts are appropriate for judicial notice?
Indisputable facts that are either matters of common knowledge in the community (notorious facts) or capable of verification by resort to easily accessible sources of unquestionable accuracy (manifest facts).
When can judicial notice of faces be taken?
At any time; whether or not requested
What the procedure for judicial notice?
If a CT does not take judicial notice of a fact on its own accord, a party must formally request that notice be taken of the particular fact.
Can judicial notice be taken for the first time on appeal?
Yes.
In what kinds of cases is the judicially noticed fact conclusive?
In a civil case, not a criminal case. In a criminal case, the jury is instructed that it may, but is not required to, accept as conclusive any judicially noticed fact.
in KS: when is judicial notice conclusive?
In ALL cases, whether civil or criminal.
What are adjudicative facts?
Those that relate to the particular case
What are legislative facts?
those relating to legal reasoning and lawmaking
How are legislative facts judicially noticed?
Legislative facts, such as the rationale behind the spousal privilege, need not be of common knowledge nor capable of indisputable verification to be judicially noticed.
What are courts required to take judicial notice of?
Federal and state law and the official regulations of the forum state and the federal government
What are courts allowed to take judicial notice of?
Municipal ordinances and private acts or resolutions of Congress or of the local state legislature. Laws of foreign countries may also be judicially noticed.
