Mode of Presentation

Question 1

What is Judicial Notice (FRE 201)

Answer 1

The Court’s acceptance of an adjudicative fact as true without requiring formal proof.

Question 2

What is an adjudicative fact

Answer 2

• not subject to reasonable dispute
• accurately and readily determinable
• not from judge’s personal life
  ie. calendar date

Question 3

What is the procedure to get an adjudicative fact recornized?

Answer 3

• usually upon motion by a party

- court may take judicial notice by its own initiative except against a criminal defendant for the first time on appeal

Question 4

When must a court take judicial notice?

Answer 4

When it is (i) requested, and (ii) necessary information is given to the court.
Opposing party may challenge.

Question 5

Effect of judicial notice on civil juries and criminal juries

Answer 5

Civil Juries - must accept that fact as true

Criminal juries may or may not accept the fact as true

Question 6

What is the order of trial process

Answer 6

First, prosecution or plaintiff’s case-in-chief
Second, Defendant’s case in chief
Third, prosecution or plaintiff’s rebuttal

Question 7

May a judge question or call a witness?

Answer 7

Yes.

Question 8

What is the scope of cross-examination?

Answer 8

1) the scope of direct, and,

2) Credibility

Question 9

What is a leading question?

Answer 9

A question that suggests the answer in the question.

Question 10

What is the general rule regarding leading questions

Answer 10

They are not allowed on direct. But there are no restrictions on using it on cross.

Question 11

What are the exceptions to the general rule about leading questions.

Answer 11

1) Foundational Questions
2) Witness who has trouble communicating such as a child
3) Hostile witness on direct

Question 12

What are types of improper questions.

Answer 12

1) Compound questions
2) Assuming facts not inevidence
3) argumentative questions
4) Questions that call for a conclusion the witness isn’t qualified to give.
5) Repetitive

Question 13

What is the process for excluding a witness?

Answer 13

1) Upon the motion of the party
or
2) upon the court’s own motion

Question 14

What is the purpose of excluding a witness

Answer 14

Preventing contamination

Question 15

Which witnesses may not be excluded

Answer 15

1) party
2) an officer or employee who is the designated representative of a corporation
3) a witness who is central to the case or a presentation witness
4) victims