Evidence Judicial Notice - MBE
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What is judicial notice?
a substitute for evidence whereby the court accepts certain matters as true w/o requirement of formal proof
What are the various kinds of judicial notice?
- (1) commonly known facts which are w/in the jurisdiction of the court
- (2) facts which are capable of accurate and ready determination by resort to sources of unquestionable accuracy
Can a court take judicial notice of facts that can be disputed?
May a judge take judicial notice of a fact merely b/c she knows it to be true?
no the community must know it to be true
When is judicial notice mandatory under FRE 201(d)?
when a party requests the judge to take judicial notice and presents sufficient information which allows him to take judicial notice of it
When may issues of judicial notice be raised?
either pre-trial or during the trial
Does the opposing party need notice of the judicial notice request under FRE 201?
no but he can dispute the taking of judicial notice
As a general rule, once a fact is judicially notice what may not be permitted on that issue?
What is the effect of a jury instruction on judicial notice to a civil jury?
must find that that fact to be true
What is the effect of a jury instruction on judicial notice to a criminal jury?
jury may but isn't required to find that fact to be true w/o any additional evidence
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