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7 Cards in this Set
- Front
- Back
- 3rd side (hint)
Judicial notice
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Judicial notice of fact
Judicial notice of law |
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judicial notice of fact
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Judicial notice allows a party to prove a fact by the court's recognizing that the fact is a matter of common knowledge within the jurisdiction or is able to be quickly determined by resorting to sources whose accuracy cannot be reasonably be questioned.
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Judicial notice factions are a substitute for more formal evidence.
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Facts appropriate for judicial notice
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Notorious facts-common knowledge
Manifest facts-facts capable of indisputable verification |
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Effect of taking judicial notice of fact
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In a civil case, a fact judicially noticed is conclusively established, and thus binding on the jury.
In a criminal case, a judicially noticed fact is not binding on the jury, and the jury is permitted to find facts that have been judicially notice, but never is required to do so. |
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Judicial notice of law
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Mandatory
Permissive |
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Mandatory judicial notice of law
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Federal public law, state public law, and official regulations
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Permissive judicial notice of law
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Municipal ordinances, laws of foreign countries.
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