JUDICIAL NOTICE Flashcards
JUDICIAL NOTICE
A court may recognize a fact as true without formal presentation of evidence, either on its own or upon formal request of a party.
Judicially noticeable facts include facts that are:
(1) Capable of verification by a source with unquestionable accuracy (e.g. calendar, alamanac)
(2) Generally known within the jurisdiction
Laws may be judicially noticeable. Judicial notice of laws includes:
(1) Federal and state laws, official regulations. Court MUST take judicial notice
(2) All other laws. Court has DISCRETION to take judicial notice (e.g. municipal ordinances, foreign laws, etc.)
Effect of Judicially Noticed Fact/Law:
(1) In CIVIL cases, a jury MUST take judicially noticed facts as conclusive.
(2) In CRIMINAL cases, a jury MAY take judicially noticed facts as conclusive, but is not required to.
