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CHAP. 10: JUDICIAL NOTICE

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CHAP. 11: JUDICIAL NOTICE
OF FACTS
Prof. JANICKE
2015
NOTICE OF FACTS
• IS THE ONLY TYPE O NOTICE
INVOLVED HERE
• JUDICIAL NOTICE OF LAW OR
LEGISLATIVE INTENT ARE OUTSIDE
THIS COURSE
2015
Chap. 11 -- Judicial Notice
2
A SHORTCUT
• JUDICIAL NOTICE OF A FACT IS
A SUBSTITUTE FOR EVIDENCE
ON THAT FACT
• A NICE DEVICE IF YOU ARE
CAUGHT WITHOUT PROOF
2015
Chap. 11 -- Judicial Notice
3
EFFECT OF NOTICE
• IN A CIVIL CASE A PROPER JUDICIAL
NOTICE IS BINDING ON THE JURY AS TO
THE FACT NOTICED
• IN A CRIMINAL CASE THE JURY IS
INSTRUCTED THAT IT MAY CONCLUDE
THE NOTICED FACT
– JUDGE IS A VERY INFLUENTIAL NUDGER
2015
Chap. 11 -- Judicial Notice
4
2 ALTERNATE BASES FOR
JUDICIAL NOTICE (RULE 201)
1. FACTS GENERALLY KNOWN IN
THE LOCALE; E.G.:
– IN HOUSTON, MAIN AND FANNIN ARE
HEAVILY TRAVELED STREETS
– IN HOUSTON, PART OF EXTERIOR OF
MINUTE MAID PARK IS VISIBLE
FROM HWY. 59
– THE ASTROS HAVE PLAYED IN
HOUSTON Chap.
FOR
MANY
2015
11 -- Judicial
Notice YEARS
5
2. FACTS NOT GENERALLY KNOWN,
BUT ASCERTAINABLE FROM
REFERENCES OF INDISPUTABLE
ACCURACY
– CLOSING PRICE OF IBM SHARES ON
JULY 22
– HIGH TIDE TIMES AT GALVESTON
ISLAND ON APRIL 17, 2015
– FRENCH IS AN OFFICIAL LANGUAGE
IN BELGIUM
2015
Chap. 11 -- Judicial Notice
6
AN IMPROPER BASIS
• JUDGE’S PERSONAL KNOWLEDGE
2015
Chap. 11 -- Judicial Notice
7
PROCEDURE
(RULE 201)
• 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
– THESE ARE NOT BEING RECEIVED IN
EVIDENCE
– J.N. IS A SUBSTITUTE FOR EVIDENCE
2015
Chap. 11 -- Judicial Notice
8
ADVERSARY
• IS ENTITLED TO OBJECT BEFORE
J.N. IS TAKEN
• IF IT HAPPENS TOO FAST, SHE CAN
OBJECT AFTERWARD AND HAS A
RIGHT TO BE HEARD
2015
Chap. 11 -- Judicial Notice
9
RULING
• JUDGE SAYS: “THE COURT WILL
TAKE J.N. THAT THE SUN ROSE
AT 5:14 a.m. OVER THE HOUSTON
SHIP CHANNEL ON MAY 29, 2015;
THE JURY WILL BE SO
INSTRUCTED.”
2015
Chap. 11 -- Judicial Notice
10
EFFECT IN CIVIL CASES:
• ONCE TAKEN, IT 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
2015
Chap. 11 -- Judicial Notice
11
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. ....”
• CONTROVERTING EVIDENCE IS
ALLOWED
– BUT SELDOM HAPPENS
2015
Chap. 11 -- Judicial Notice
12
PROBLEMS/CASES
•
•
•
•
•
•
11A
11B
11D
11E
Virgin Islands
11G
2015
Chap. 11 -- Judicial Notice
13
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