Procedural Issues Flashcards
What is judicial notice?
This is the recognition of fact as true without formal presentation of evidence
When might a court excepted as your notice of the fact?
The fact is not reasonably subject to dispute because:
– it is generally known within the trial court’s jurisdiction
OR
– the fact can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned
In CIVIL cases, how should the judge instruct the jury to consider a judicially noticed fact?
The court MUST instruct the jury to accept the judicially noticed facts as CONCLUSIVE.
In CRIMINAL cases, how should the judge instruct the jury to consider a judicially noticed fact?
The court must instruct the jury that it may or may not accept that usually noticed fact as conclusive.
The prosecutions burden is presumptively met, but jury need not accept it.
What is the result of a judicially noticed fact being accepted by the jury?
The prosecutors case will be satisfied in the same way as if the prosecutor had offered formal testimony.
What are the three preliminary issues of admissibility?
Whether a witness is qualified to testify
Existence of privilege
Admissibility of evidence
If the judge decides admissibility of evidence during a proceeding to determine preliminary issues, does that mean that the judge is bound by the rules of evidence at that point?
No
