Judicial Notice Flashcards
Judicial notice of fact
recognizing a fact as true without presentation of evidnce
a. Includes INDISPUTABLE facts that are COMMON KNOWLEDGE in the community or CAPABLE OF VERIFICATION to easily accessible sources of unquestionable accuracy. Like scientific principles
b. Procedure
i. If court doesn’t do it by itself, party may formally request it.
ii. Can be done for first time on appeal.
iii. Conclusive in civil case but not in a criminal case
1. Criminal case – jury is instructed that it may, but is not required to, accept them as conclusive
Judicial notice of law, mandatory vs. permissive
a. court MUST take judicial notice of federal and state law and official regulations of the forum state and federal government.
b. Courts MAY notice municipal ordinances and private acts or resolutions of congress or the local state legislature.
c. Foreign laws may also be noticed.
d. Most state courts will not take judicial notice of the law of a foreign country.
