Misc. Evidence Issues Flashcards
1
Q
What is judicial notice?
A
Judicial notice = the recognition of a fact as true w/o formal presentation of evidence Cts take JN of indisputable facts that are EITHER: (i) matters of common knowlege in the community; OR (ii) capable of verification by resort to easily accesible sources of unquestionable accuracy (e.g. via almanac)
2
Q
What is the effect when a ct takes judicial notice of a fact?
A
Depends on the type of case… 1) CIVIL case: a judicially noticed fact is CONCLUSIVE in a civil case 2) CRIMINAL case: a judicially noticed just SATISFIES the PROSECUTION’S BURDEN The jury DOES NOT have to accept the fact as CONCLUSIVE