Judicial Notice

Question 1

Judicial Notice

Answer 1

Recognition of a fact as true without formal presentation of evidence

Question 2

Facts appropriate for judicial notice

Answer 2

Fact not subject to reasonable dispute because it is generally known within the court’s territorial jx or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned; can include scientific principles(e.g., always accept paternity blood tests or radar speed tests upon showing that they were properly conducted)

Question 3

Conclusiveness of Judicial Notice

Answer 3

Judicially noticed fact is conclusive in a civil case, but not a criminal case; in a civil case, court instructs jury to accept any fact judicially noticed as conclusive, but in crim case jury is instructed that it MAY accept it as conclusive

Question 4

Mandatory judicial notice

Answer 4

Court will usually take notice w/o request of federal public law, state public law, and official regulations

Question 5

Permissive judicial notice

Answer 5

Most courts may, upon being supplied with sufficient information, take judicial notice of municipal ordinances and private acts/resolutions of Congress or foreign countries