judicial notice, burdens and presumptions

Question 1

judicial notice

Answer 1

used as proof where the court accepts facts as true without requiring formal presentation of evidence

Question 2

what types of facts can be judicially noticed?

Answer 2

adjudicative facts that are not subject to reasonable dispute because they are:
1. generally known within the jurisdiction of the court, or
2. capable of being accurately and readily determined by sources whose accuracy cannot be questions (historical records, rainfall accumulations, dates)

Question 3

judicial notice is mandatory if:

Answer 3

requested by a party, and supplied with the necessary information

Question 4

effect of a jury instruction on judicial notice**

Answer 4

-a civil jury must accept the fact as true
-a criminal jury may or may not accept the fact as true

Question 5

What is the order of a trial?

Answer 5

1. Plaintiff or prosecutor’s opening statement
2. Plaintiff or prosecutor’s case-in-chief
3. Defendant’s case
4. Plaintiff or prosecutor’s rebuttal
5. Defendant’s rejoinder (D’s rebuttal of P’s rebuttal)
6. Closing arguments
7. Instructions given to the jury

Question 6

Who decides the order and presentation of witnesses?

Answer 6

the court

Question 7

Can the court call witnesses?

Answer 7

Yes, the court may call witnesses on its own or at a party’s request. Each party is entitled to cross-examine the witness.

Question 8

Can the court question witnesses?

Answer 8

Yes, any witness called

Question 9

burden of production

Answer 9

who has an obligation to offer evidence on a particular matter/issue

Question 10

what is the burden or production in civil and criminal cases?

Answer 10

civil = plaintiff
criminal = prosecution

Question 11

burden of persuasion

Answer 11

how much or how persuasive must the evidence they provide be.

Question 12

levels of burden of persuasion

Answer 12

1. preponderance of the evidence (easiest to prove)
2. clear and convincing evidence
3. beyond a reasonable doubt

Question 13

civil presumptions

Answer 13

Inference made from existing facts.

Question 14

rebuttable presumption

Answer 14

can be disproved with other evidence

shifts the burden of production to the opposing party, but the burden of persuasion remains with the original party.

Question 15

irrebuttable presumption

Answer 15

cannot be disproved with other evidence.
*not allowed in criminal cases.