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4 Cards in this Set
- Front
- Back
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Two types of judicial notice
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1. mandatory
2. permissive |
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Mandatory Judicial Notice
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FL must take notice of laws, resolutions, court rules, SCOTUS and Appeals rules
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Permissive Judicial Notice
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Becomes mandatory if party requests judge to take notice.
Facts not subject to dispute because capable of accurate and ready determination resorting to sources with unquestionable accuracy. |
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Instruction to Jury
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Can instruct jury to accept judicially noticed fact.
Judge has discretion to give jury a conclusive or permissive instruction. Criminal case: can only establish prima facie case. --Cannot be an element or shift the burden of proof. |
