Judicial Notice

Question 1

What is Judicial Notice

Answer 1

When court accepts evidence that is not subject to reasonable dispute as true without proof (generally known in court’s jurisdiction or is accurately determined from sources that cannot be reasonably doubted). Judge must take notice when requested to do so

Question 2

When May Court Take Judicial Notice Regardless of Request

Answer 2

Laws of foreign countries, regulations of private agencies when the regs have the force of laws, municipal ordinances, matters of local geography. Judge cannot take notice of a fact just b/c of personal knowledge.

Question 3

When Must Court Take Notice Regardless of Request

Answer 3

Federal and state law, indisputable facts and scientific propositions

Question 4

Different B/n Civil and Criminal Juries for Judicial Notice

Answer 4

Civil must accept facts as true, criminal may