Procedural Matters Flashcards
(3 cards)
1
Q
Admission / Qualification / Privilege
A
Determined by judge
Not bound by E rules [CA: is bound]
2
Q
Judicial Notice
A
est. facts w/out E if generally known in jx or established by sources of unquestionable accuracy
Fed: request + court discretion; only conclusive in civil
CA: request + court must for generally known in jx; always conclusive
3
Q
Presumptions
A
Civil: conclusive until rebuttal E offered
Crim: never conclusive (Const. issues)
