STUDY UNIT 17

Question 1

WHAT IS JUDICIAL NOTICE?

Answer 1

Judicial notice is a legal doctrine that allows a fact to be accepted by a judicial officer without proof where it is so notorious or well-known that it cannot reasonably be doubted.

Question 2

A judicial noticed fact can either be:

Answer 2

• a fact in issue
• an evidentiary fact adduced to show the existence of a fact in issue

Question 3

these facts are judicially noticed by in trial in order to:

Answer 3

these facts are judicially noticed in trial in order to save time and trial costs, as well as to prevent the admission of unnecessary and superfluous evidence.

Question 4

Judicial notice of a fact has the following evidentiary effect at trial:

Answer 4

1. a judicially noticed fact need not to be proved and is longer in issue
2. for purpose of uniformity of decision-making, once a judicially noticed fact is admitted at trial it establishes a binding precedent for all court.
3. the judicially notice fact cannot be rebutted.

Question 5

CATEGORIES OF JUDICIAL NOTICE:

Answer 5

1. Notorious facts of general knowledge
2. Fact of local notoriety
3. Facts easily ascertainable

Question 6

1. NOTORIOUS FACTS OF GENERAL KNOWLEDGE:

Answer 6

are facts based on general knowledge.
eg there are 12 months in a year and 7 days in a week.

Question 7

2. FACTS OF LOCAL NOTORIETY:

Answer 7

are facts that are notorious among all reasonably well-informed people in the local area or jurisdiction where the court sits.

Question 8

3. FACT EASILY ASCERTAINABLE:

Answer 8

are facts that, although not within the general knowledge of reasonably well-informed people, may be readily established through reference to reliable sources such as maps
eg the exact time of sunset and sunrise

Question 9

EXAMPLES OF INSTANCES WHERE COURTS MAY TAKE JUDICIAL NOTICE:

Answer 9

1. the nature of animals
2. political matters
3. common law, legislation and customary international law
4. foreign law
5. customs and indigenous law