Judicial Notice of Facts Flashcards
What is judicial notice?
When the court accepts certain facts as true without requiring formal presentation.
More Info: Judicial Notice
When are commonly held facts eligible for judicial notice?
The facts must be generally known in the jurisdiction and not subject to reasonable dispute.
What types of facts can be judicially noticed?
Facts capable of accurate and ready determination by sources of unquestionable accuracy.
Judicial notice will not be used for what types of evidence?
Opinions
May a judge take notice of a fact that he knows personally?
No, the facts must be generally known in the community.
When is judicial notice mandatory?
When requested by a party and supported by the necessary information
When may a party move for judicial notice for the first time?
- Pretrial
- At trial
Or
- Appeal
What is the impact of a judicially noticed fact on an opposing party?
No evidence contradicting the fact will be permitted
What is the impact of a judicially noticed fact on a civil jury?
A civil jury must take it as true
What is the impact of a judicially noticed fact on a criminal jury?
A criminal jury may take it as true
What are the three levels of the burden of persuasion?
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt
What is the traditional civil standard for burden of persuasion?
Preponderance of the evidence
More Info: Burden of Persuasion
What is the burden of persuasion for motion to suppress?
Preponderance of the evidence
What is the burden of clear and convincing evidence reserved for?
- A criminally related civil case (fraud)
- Validity of a will
- Validity of a deed
- Insanity defense burden
What is the burden of persuasion in criminal cases?
Beyond a reasonable doubt
