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Flashcards in Judicial Notice Deck (12)
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1
Q

What is judicial notice?

A

Judicial notice is the recognition of fact as true without formal presentation of evidence

2
Q

What facts are appropriate for judicial notice?

A

Indisputable facts that are either matters of common knowledge in the community (notorious facts) or capable of verification by resort to easily accessible sources of unquestionable accuracy (manifest facts).

3
Q

When can judicial notice of faces be taken?

A

At any time; whether or not requested

4
Q

What the procedure for judicial notice?

A

If a CT does not take judicial notice of a fact on its own accord, a party must formally request that notice be taken of the particular fact.

5
Q

Can judicial notice be taken for the first time on appeal?

A

Yes.

6
Q

In what kinds of cases is the judicially noticed fact conclusive?

A

In a civil case, not a criminal case. In a criminal case, the jury is instructed that it may, but is not required to, accept as conclusive any judicially noticed fact.

7
Q

in KS: when is judicial notice conclusive?

A

In ALL cases, whether civil or criminal.

8
Q

What are adjudicative facts?

A

Those that relate to the particular case

9
Q

What are legislative facts?

A

those relating to legal reasoning and lawmaking

10
Q

How are legislative facts judicially noticed?

A

Legislative facts, such as the rationale behind the spousal privilege, need not be of common knowledge nor capable of indisputable verification to be judicially noticed.

11
Q

What are courts required to take judicial notice of?

A

Federal and state law and the official regulations of the forum state and the federal government

12
Q

What are courts allowed to take judicial notice of?

A

Municipal ordinances and private acts or resolutions of Congress or of the local state legislature. Laws of foreign countries may also be judicially noticed.