Judicial Notice

Question 1

Judicial notice is:

Answer 1

a substitute for proof where the court accepts certain adjudicative facts as true without requiring formal presentation

(science, geography, gov’t records)

Question 2

The first kind of judicial notice is commonly known facts, that are

Answer 2

generally known in the jurisdiction and not subject to reasonable dispute

Question 3

judicial notice of facts occurs for facts which are

Answer 3

capable of accurate and ready determination by resort to sources of unquestionable accuracy.

radar; blood tests; DNA profiling; historical records; prevailing interest/mortgage rates; mortality rates; Father’s Day 1984 was June 19th.

Question 4

Judicial notice will not take notice of

Answer 4

opinions

Question 5

The judge may not take judicial notice of a fact merely because:

Answer 5

it is in her knowledge

Question 6

FRE 201(d) judicial notice is MANDATORY if:

Answer 6

requested by a party and supplied by the necessary information

Question 7

Issues of judicial notice may be raised for the first time:

3

Answer 7

pretrial
during trial
appeal

Question 8

As a general rule, once a fact is judicially noticed:

Answer 8

no contradicting evidence is permitted

Question 9

When there is a judicially noticed fact to a civil jury, effect?

Answer 9

they must take it as true

Question 10

When there is a judicially noticed fact to a criminal jury, effect?

Answer 10

they may take it as true

Question 11

Burden of going forward/producing evidence is on:
Civil?
Criminal?

Answer 11

π for civil

∆ for criminal

Question 12

There are three levels to the burden of persuasion:

Answer 12

1. preponderance of the evidence
2. Clear and convincing evidence
3. Beyond a reasonable doubt

Question 13

what is the traditional civil standard for burden of persuasion?

Answer 13

preponderance of the evidence

Question 14

burden of persuasion for motion to suppress?

Answer 14

preponderance of the evidence

Question 15

Clear and convincing: Reserved for:

Answer 15

• a criminally related civil case (fraud)
• validity of a will or deed
• insanity defense burden

Question 16

burden of persuasion for criminal law?

Answer 16

beyond a reasonable doubt

Question 17

There are two main ways to shift a burden of production:

Answer 17

1. affirmative defenses

2. presumptions

Question 18

Presumptions are

Answer 18

a conclusion made as to the existance or nonexistance of a fact that must be drawn from other evidence (admitted and proven to be true)

Question 19

A presumption arises where one set of facts, Basic Facts, once established by the proponent,

Answer 19

gives rise to another set of facts, Presumed Facts, absent a contrary showing.

Question 20

Once the opponent of presumption evidence proves the presumption is not true

Answer 20

no longer presumed

Question 21

Role of presumption in criminal cases

Answer 21

NOT allowed

Question 22

What presumptions are irrebuttable?

Answer 22

presumptions created by statute or common law