Judicial Notice Flashcards
What is judicial notice?
It is the recognition of a fact as true without formal presentation of evidence.
What kind of facts are given judicial notice?
Indisputable facts that are either matters of common knowledge in the community or capable of verification by easily accessible valid sources.
Note: Courts have increasingly taken judicial notice of scientific principles.
How do you get Judicial Notice?
It can be given automatically, or you can formally request that notice be taken on a given fact. Not limited to trial courts.
What is the difference between adjudicative and legislative facts?
Judicial notice is only given to adjudicative facts-those that relate to the particular case.
Legislative Facts are those are those relating to legal reasoning and lawmaking, need not be of common knowledge or indisputable verification.
When must a court take judicial notice of laws?
Mandatory: Federal and state laws and official federal and regulations of forum state.
Permissive: Municipal Ordinances and private acts or resolutions of Congress/local legislature.
