Judicial Notice

Question 1

Adjudicative Facts

Answer 1

Facts that collectively make up the litigated event. The court uses the beyond a reasonable doubt standard to notice these

Question 2

Legislative Facts

Answer 2

Facts that make up the context of the case and by which the case will be resolved. There are two types:

• Facts that are widely known in the area / jurisdiction
• Facts that are easily provable

There’s no set standard the court uses to notice legislative facts, but it’s very likely it’s a standard of more probable than not

Ex. segregation in schools hurts children’s education

Question 3

FRE 201(a) Judicial Notice of Adjudicated Facts

Scope

Answer 3

This rule governs judicial notice of an adjudicated fact only, not a legislative fact

Question 4

FRE 201(b) Judicial Notice of Adjudicated Facts

Kinds of Facts That May Be Judicially Noticed

Answer 4

The court may judicially notice a fact that is not subject to reasonable dispute because it

1. Is generally known within the trial court’s territorial jurisdiction or
2. Can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned

Question 5

FRE 201(c) Judicial Notice of Adjudicated Facts

Taking Notice

Answer 5

The court

1. May take judicial notice on its own or
2. Must take judicial notice if a party requests it and the court is supplied with the necessary information

Question 6

FRE 201(d) Judicial Notice of Adjudicated Facts

Timing

Answer 6

The court may take judicial notice at any stage of the proceeding

Question 7

FRE 201(e) Judicial Notice of Adjudicated Facts

Opportunity to be Heard

Answer 7

On timely request, a party is entitled to be heard on the propriety of taking notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

Question 8

FRE 201(f) Judicial Notice of Adjudicated Facts

Instructing the Jury

Answer 8

In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive

Question 9

FRE 201(f) Explained

Answer 9

Since the government has the burden of proving every element of a criminal case beyond a reasonable doubt, the court can’t force the jury to notice a fact. That would lessen the government’s burden.