Judicial Notice

Question 1

4 Types of Judicial Notice

Answer 1

• Adjudicative facts
• Law – no formal rules, case law only
• Legislative facts – no rules (not tested)
• Evaluative facts – no rules (not tested)

Question 2

Adjudicative facts

Answer 2

General Rule: Court may recognize a fact as true without formal presentation of evidence

• Do not have to actually call a witness to bring it in
• Things that are just not disputed – so easily proved – bring up calendar, etc. so obvious to everybody
• Fact must generally be known within the territorial jurisdiction of the trial court; or capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned

Timing (not tested): May take judicial notice on its own; or must take judicial notice if a party requests it and the court is supplied with the necessary information. Court may take notice at any time during the proceeding.

Question 3

Instructions to Jury (on the exam):

Answer 3

• Civil case: jury notified they MUST take the fact as conclusive (cannot discuss/argue that point, deemed written in stone)
• Criminal case: jury notified that they MAY take fact as conclusive, but do not have to

Question 4

Examples - Judicial Notice

Answer 4

• Matters of common knowledge in the area (the way streets may be numbered North to South, or East to West; gestation is 280 days)
• Facts capable of certain verification (rising/setting of sun on certain date; certain day of week was a Monday, etc.)
• Scientific principles (radar test reliability; paternity tests reliable and properly conducted)

Question 5

Judicial Notice of Law

Answer 5

General Rule: Judge generally takes judicial notice of law applicable to a case

• Must take judicial notice of:
  (1) Federal public law (US Constitution, public acts of congress, federal case law);
  (2) State public law (state constitution, public statutes, common law of states);
  (3) Official regulations (codes)
• Discretionary judicial notice of foreign laws

Question 6

Government of the Virgin Islands v. Gereau

Answer 6

Found guilty, want to have a new trial. Juror said jury attendant allegedly said to hurry up b/c wanted to go home. Jury attendant denied. Judge said trust attendant b/c grateful for job. Judge cannot use personal knowledge of woman’s desire for extra money as proof that misconduct did/did not occur. Cannot take judicial notice of things just because judge happens to know it. Must be readily known within the community.

Question 7

United States v. Jones

Answer 7

Technical fact. Plaintiff did not prove up that this was considered a certain type of company. Judge said will take judicial notice of that fact – cannot do that. Has to be proved up to jury. Cannot cure mistake of party in the case even if element is very simple and could have been easily proven up.

Question 8

Misc. Notes

Answer 8

• Court may take judicial notice of legislative findings. Never mandatory.
• Court should never take judicial notice that something is obscene – always for jury to decide.
• Radar – generally accepted. Can rebut by saying this radar was not calibrated.