Lecture 2. Article II. Judicial Notice Flashcards
What is judicial notice?
Judicial notice is when a judge accepts a fact as true without the necessity of formal proof. This is binding on a civil jury but not in a criminal case.
When can a court take judicial notice of a fact?
A court can take judicial notice of a fact when it is not subject to reasonable dispute, typically because it is either generally known within the court’s jurisdiction or can be readily determined from reliable sources.
What is Rule 201 of the Federal Rules of Evidence?
Rule 201 governs judicial notice of adjudicative facts, which are facts in dispute, such as “who did what, when, where, and with what intent.”
What is the difference between adjudicative facts and legislative facts?
Adjudicative facts are those in dispute during a trial (e.g., who did what), while legislative facts relate to law-making decisions (e.g., what punishment applies for a crime). Judicial notice applies only to adjudicative facts.
What are the two types of facts that can be judicially noticed according to Rule 201?
(1) Facts that are generally known within the trial court’s territorial jurisdiction.
(2) Facts that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
What does “generally known” mean in the context of judicial notice?
“Generally known” means the fact is widely known within the court’s territorial jurisdiction, but it does not need to be universally known. The judge does not have to personally know the fact.
Can you provide examples of facts that are generally known?
Examples include:
- The Ohio River is navigable.
- Lethal voltages of electricity are present in television sets.
- Vast amounts of purchases are made on credit cards.
What are some examples of sources that may provide indisputable facts for judicial notice?
Examples include:
- Court records (e.g., previous rulings or filings).
- Published compilations (e.g., the contents of the yellow pages).
- Government matters, public records, scientific principles, historical facts, and statistical facts.
Can a judge take judicial notice on their own?
Yes, a judge may take judicial notice on their own without being asked by the parties involved in the case.
When must a judge take judicial notice of a fact?
A judge must take judicial notice if a party requests it and provides the necessary information.
At what stage in the proceedings can a court take judicial notice?
A court may take judicial notice at any stage of the proceeding, including before or after the trial begins.
What happens if a judge takes judicial notice before notifying the parties?
If a judge takes judicial notice before notifying a party, that party can still request to be heard on the propriety of the notice and whether the fact should be accepted.
What is the difference in how judicial notice is handled in civil versus criminal cases?
- In civil cases, the jury must accept the judicially noticed fact as conclusive.
- In criminal cases, the jury may accept the fact as conclusive, but they are not required to.
Can a jury disagree with a fact that the judge has judicially noticed in a civil case?
No, in a civil case, the jury cannot disagree with a fact that the judge has judicially noticed. The fact is accepted as conclusive.
Can a jury present contrary evidence to a fact that the judge has judicially noticed in a criminal case?
Yes, in a criminal case, the jury can present evidence that contradicts the judicially noticed fact.
