Judicial Notice of Facts

Question 1

What is judicial notice?

Answer 1

When the court accepts certain facts as true without requiring formal presentation.

Question 2

When are commonly held facts eligible for judicial notice?

Answer 2

The facts must be generally known in the jurisdiction and not subject to reasonable dispute.

Question 3

What types of facts can be judicially noticed?

Answer 3

Facts capable of accurate and ready determination by sources of unquestionable accuracy.

Question 4

Judicial notice will not take notice of what types of evidence?

Answer 4

Opinions

Question 5

May a judge take notice of a facts that the know personally?

Answer 5

No, the facts must be generally known in the community.

Question 6

When is judicial notice mandatory?

Answer 6

When requested by a party and supported by the necessary information.

Question 7

When may a party move for judicial notice for the first time?

Answer 7

1. Pretrial
2. At trial

Or

3. Appeal

Question 8

What is the impact of a judicially noticed fact on an opposing party?

Answer 8

No evidence contradicting the fact will be permitted.

Question 9

What is the impact of a judicially noticed fact on a civil jury?

Answer 9

A civil jury must take it as true.

Question 10

What is the impact of a judicially noticed fact on a criminal jury?

Answer 10

A criminal jury may take it as true.

Question 11

What are the three levels of the burden of persuasion?

Answer 11

1. Preponderance of the evidence
2. Clear and convincing evidence
3. Beyond a reasonable doubt.

Question 12

What is the traditional civil standard for burden of persuasion?

Answer 12

Preponderance of the evidence

Question 13

What is the burden of persuasion for motion to suppress?

Answer 13

Preponderance of the evidence

Question 14

The burden of clear and convincing is reserved for?

Answer 14

1. A criminally related civil case (fraud)
2. Validity of a will
3. Validity of a deed
4. Insanity defense burden

Question 15

What is the burden of persuasion in criminal cases?

Answer 15

Beyond a reasonable doubt

Question 16

What are two main ways to shift a burden of production?

Answer 16

1. Affirmative defenses
2. Presumptions

Question 17

What are presumptions?

Answer 17

A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence.

Question 18

When does a presumption arise?

Answer 18

When a party advances one set of facts that gives rise to another set of facts. The facts are presumed absent a contrary showing.

Question 19

What happens when an opponent provides evidence contray to a presumption?

Answer 19

The presumption is no longer presumed.

Question 20

What is the role of presumptions in criminal cases?

Answer 20

Presumptions are not allowed in criminal cases.

Question 21

What presumptions are irrebuttable?

Answer 21

Presumptions created by statute or common law.