Misc. Evidence Issues

Question 1

What is judicial notice?

Answer 1

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 knowledge in the community; OR
(ii) capable of verification by resort to easily accessible sources of unquestionable accuracy (e.g. via almanac)

Question 2

What is the effect when a ct takes judicial notice of a fact?

Answer 2

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

Note: The jury DOES NOT have to accept the fact as CONCLUSIVE