Judicial Notice of Facts in Legal Proceedings
Explore the concept of judicial notice of facts in legal proceedings, where certain facts are accepted by the court without requiring formal evidence. Learn about the types of facts subject to judicial notice and the procedure involved.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
CHAP. 11: JUDICIAL NOTICE OF FACTS Prof. JANICKE 2022
A SHORTCUT JUDICIAL NOTICE OF A FACT IS A SUBSTITUTE FOR EVIDENCE ON THAT FACT 2022 Chap. 11 -- Judicial Notice 2
EFFECT OF NOTICE IN A CIVIL CASE A JUDICIAL NOTICE IS BINDING ON THE JURY FOR THE FACT NOTICED IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACT 2022 Chap. 11 -- Judicial Notice 3
2 ALTERNATE BASES FOR JUDICIAL NOTICE RULE 201: ASSIGNED 1. FACTS GENERALLY KNOWN IN THE LOCALE 2022 Chap. 11 -- Judicial Notice 4
2. FACTS NOT GENERALLY KNOWN, BUT ASCERTAINABLE FROM REFERENCES OF INDISPUTABLE ACCURACY 2022 Chap. 11 -- Judicial Notice 5
AN IMPROPER BASIS JUDGE S PERSONAL KNOWLEDGE 2022 Chap. 11 -- Judicial Notice 6
PROCEDURE RULE 201: ASSIGNED ASK ON THE RECORD FOR COURT TO TAKE J.N. THAT ________ . SUPPORTIVE REFERENCES CAN BE HANDED UP TO THE BENCH FREELY TO ASSIST THE JUDGE 2022 Chap. 11 -- Judicial Notice 7
WHEN? AT ANY TIME IN THE PROCEEDING R. 201(d) 2022 Chap. 11 -- Judicial Notice 8
WRONG WAY TO DO IT FAIL TO RECITE ANY FACT: I ASK THE COURT TO TAKE NOTICE OF THE SUNRISE ON SEPTEMBER 15 I ASK THE COURT TO TAKE NOTICE OF THE TIME OF SUNRISE IN HOUSTON ON SEPTEMBER 15 2022 Chap. 11 -- Judicial Notice 9
RIGHT WAY I REQUEST THE COURT TO TAKE JUDICIAL NOTICE THAT THE SUNRISE ON SEPTEMBER 15 OF THIS YEAR, IN HOUSTON, WAS AT 7:33 a.m. LOCAL TIME 2022 Chap. 11 -- Judicial Notice 10
ADVERSARY IS ENTITLED TO OBJECT BEFORE J.N. IS TAKEN R. 201(e) WHEN THE COURT ACTS TOO FAST, SHE CAN OBJECT AFTERWARD AND HAS A RIGHT TO BE HEARD 2022 Chap. 11 -- Judicial Notice 11
RULING JUDGE SAYS: THE COURT TAKES JUDICIAL NOTICE THAT THE SUN ROSE AT 7:33 a.m. LOCAL TIME IN HOUSTON ON SEPTEMBER 15 OF THIS YEAR; THE JURY IS SO INSTRUCTED. 2022 Chap. 11 -- Judicial Notice 12
EFFECT IN CIVIL CASES: ONCE TAKEN, THE NOTICED FACT IS BINDING ON THE TRIER AND THE PARTIES CONTROVERTING EVIDENCE IS NOT ALLOWED, BUT: OPPONENT CAN MOVE TO VACATE THE NOTICE IF IT WAS IMPROPERLY TAKEN 2022 Chap. 11 -- Judicial Notice 13
EFFECT IN CRIMINAL CASES: INSTRUCTION IS PERMISSIVE THE JURY IS INSTRUCTED THAT IT MAY FIND WITHOUT FURTHER EVIDENCE THAT THE SUN ROSE AT 5:14 a.m. ON .... 2022 Chap. 11 -- Judicial Notice 14
PROBLEMS/CASES 11A Dry Pavement 11B Subpoena 11D Football Fan 11E Delayed Shipment (9/11) Virgin Islands - Jury Matron 11G Karate deadly weapons? 2022 Chap. 11 -- Judicial Notice 15
