Judicial Notice of Facts Flashcards

1
Q

What is judicial notice?

A

When the court accepts certain facts as true without requiring formal presentation.

More Info: Judicial Notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When are commonly held facts eligible for judicial notice?

A

The facts must be generally known in the jurisdiction and not subject to reasonable dispute.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What types of facts can be judicially noticed?

A

Facts capable of accurate and ready determination by sources of unquestionable accuracy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Judicial notice will not be used for what types of evidence?

A

Opinions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

May a judge take notice of a fact that he knows personally?

A

No, the facts must be generally known in the community.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When is judicial notice mandatory?

A

When requested by a party and supported by the necessary information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When may a party move for judicial notice for the first time?

A
  1. Pretrial
  2. At trial

Or

  1. Appeal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the impact of a judicially noticed fact on an opposing party?

A

No evidence contradicting the fact will be permitted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the impact of a judicially noticed fact on a civil jury?

A

A civil jury must take it as true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the impact of a judicially noticed fact on a criminal jury?

A

A criminal jury may take it as true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the three levels of the burden of persuasion?

A
  1. Preponderance of the evidence
  2. Clear and convincing evidence
  3. Beyond a reasonable doubt
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the traditional civil standard for burden of persuasion?

A

Preponderance of the evidence

More Info: Burden of Persuasion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the burden of persuasion for motion to suppress?

A

Preponderance of the evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the burden of clear and convincing evidence reserved for?

A
  1. A criminally related civil case (fraud)
  2. Validity of a will
  3. Validity of a deed
  4. Insanity defense burden
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the burden of persuasion in criminal cases?

A

Beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are two main ways to shift a burden of production?

A
  1. Affirmative defenses
  2. Presumptions
17
Q

What are presumptions?

A

A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence.

18
Q

When does a presumption arise?

A

When a party advances one set of facts that gives rise to another set of facts. The facts are presumed absent a contrary showing.

More Info: Presumptions

19
Q

What happens when an opponent provides evidence contray to a presumption?

A

The presumption is no longer presumed

20
Q

What is the role of presumptions in criminal cases?

A

Presumptions are not allowed in criminal cases.

21
Q

What presumptions are irrebuttable?

A

Presumptions created by statute or common law