Term
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Definition
| An evidentiary short cut that allows the court's recognitition of a fact as true without regarding formal presentation of evidence. |
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Term
| Does evidence have to be admissible to be noticed? |
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Definition
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Term
| What is judicial notice a substitute for? |
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Definition
| Formal proof at time of trial |
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Term
| What is an adjudicative fact? |
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Definition
The specific facts of the case
Who, what, when, where, why |
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Term
| What types of adjudicative facts can be judicially noticed? |
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Definition
1) Facts generally known w/in trial court's jurisdiction (40th intersects with Park)
2) Facts capbable of accurate and ready determination |
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Term
| Once a fact is noticed, is it admissible? |
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Definition
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Term
| When is judicial notice mandatory? |
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Definition
| If requested by a party and supplied with the necessary information |
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Term
| Is judicial notice mandatory for appeals court? |
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Definition
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Term
| Do you have to give notice to the opposing party that a fact is going to be judicially noticed? |
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Definition
The request for judicial notice gives notice to the opposing party.
Notice not automatically given when court takes notice sua sponte. |
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Term
| When can the opportunity to be heard come? |
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Definition
| Before or after notice is taken |
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Term
| If opposing counsel fails to request a hearing on judicial notice, can they appeal the noticed fact? |
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Definition
| No- failure to do this makes the issue non-appealable |
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Term
| When can judicial notice be taken? |
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Definition
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Term
| May notice be taken on appeal in criminal cases? |
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Definition
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Term
| May judicial notice be taken in the pleading stage? |
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Definition
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Term
| When must notice be taken in a criminal trial? |
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Definition
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Term
What are the jury instructions for a judicially noticed fact?
Civil |
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Definition
| The court shall instruct the jury to accept as conclusive any fact judicially noticed. |
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Term
What are the jury instructions for a judicially noticed fact?
Criminal |
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Definition
| The court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed |
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Term
| What is a basic or evaluative fact? |
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Definition
A fact that the judge or jury needs in order to understand and evaluate the Adjudicative (who what when where why) facts of the case.
Common knowledge |
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Term
| What is a legislative fact? |
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Definition
Fact that have relevance to the legal reasoning in the law making process.
A fact that has legal significance beyond the current case. |
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Term
| Where are legislative facts most important? |
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Definition
| They predominate at the appellate court |
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Term
| What is judicial notice of the law? |
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Definition
| The process by which the court determines controlling law. |
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Term
| What is mandatory for notice of the law? |
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Definition
Common law;
Statutes
Constitution
SCOTUS and state SC
County and city ordinances in state |
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Term
| What happens if court does not take judicial notice of the law? |
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Definition
| The parties are responsible for providing the applicable law |
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Term
| What are the jurisdictional differences in judicial notice of the law? |
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Definition
Federal- take JN of federal law, the law of the forum state and sister states
State- take JN of federal law and the forum state |
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