Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
5 Cards in this Set
- Front
- Back
|
Judicial Notice
|
Process of establishing facts wthout presenting evidence
|
|
|
Judicial Notice
Two Issues |
1) Facts appropriate for judicial notice
2) Procedure for taking judicial notice |
|
|
Judicial Notice
Facts Appropriate for Judicial Notice |
Facts not subject to legal dispute b/c
1) generally known w/in jurisdiction OR 2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questions |
|
|
Judicial Notice
Procedure |
1) Party requests notice to compel
OR 2) Court can exercise discretion to take judicial notice on its own Can occur any time, even on appeal |
|
|
Judicial Notice
Jury Instructions |
Civil -- Court instructs jury it must accept noticed fact as conclusive
Criminal -- Court instructs jury it may, but is not required to, accept judicially noticed fact |
