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    Evidence
    Evidence
    Evidence
    Ebook48 pages33 minutes

    Evidence

    By BarCharts, Inc.

    ()

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    About this ebook

    BarCharts, Inc was founded on our law guides created by the owner. They were designed to understand the significant details within the larger scheme of the law, as a daily refresher, and to review before the Bar Exam. Twenty five years later we keep those guides up to date for students of law and criminal justice, paralegals, and practicing lawyers to have the most handy legal reference to the most important points of the law possible in 6 laminated pages.
    Suggested uses:
    o Used by criminal justice majors and professionals
    o Law students and legal professionals at any level
    o To understand proportion and relevance regarding Evidence
    o Quick and constant refreshers before classes and exams
    o As the last review before taking the Bar Exam
    LanguageEnglish
    PublisherBarCharts, Inc.
    Release dateMay 1, 2018
    ISBN9781423237563
    Evidence

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      Book preview

      Evidence - BarCharts, Inc.

      JUDICIAL NOTICE [201]

      Judicial notice is the acceptance of a fact as true without the necessity of formal proof (i.e., indisputable facts of common knowledge in the community or facts capable of verification by easily accessible sources of unquestioned accuracy)

      May be taken for the first time on appeal

      LEGISLATIVE FACTS

      Advisory committee’s notes distinguish legislative facts from adjudicative facts

      Legislative facts are those relevant to "legal reasoning and the lawmaking process"; include statutory law and judicial decisions

      ADJUDICATIVE FACTS

      Adjudicative facts are the facts of the particular case

      Who did what, where, when, how, with whom, and with what motive

      Facts that normally would go to jury, except that judicial notice may be taken since they are not subject to reasonable dispute as they are generally known or come from sources whose accuracy cannot be reasonably questioned (e.g., the reliability of radar speed tests, the boiling point of water)

      Federal Rules of Evidence (FRE) govern only adjudicative facts within the trial court’s territorial jurisdiction

      MANDATORY JUDICIAL NOTICE

      Facts that are so universally known that they cannot reasonably be disputed (adjudicative); must be requested by a party [201(d)]; include:

      Meaning of legal expressions (legislative)

      Meaning of English words and phrases (legislative)

      Federal and state law and official regulations of the forum state or federal government (legislative)

      Federal and state rules of procedure (legislative)

      Items A–D reflect the court’s reasoning process and not judicial notice [201(a) note]

      PERMISSIVE JUDICIAL NOTICE

      On its own, the court may take judicial notice of certain matters [201(c)]

      Facts that are not reasonably subject to dispute and are capable of accurate determination from undisputable sources, such as almanacs and encyclopedias (e.g., time of sunset on a particular date)

      Facts that are such common knowledge locally that they cannot be reasonably disputed (e.g., the location of a certain road)

      Records of state or federal court

      Laws of other states or nations

      Administrative regulations and orders

      FRE recognize judicial notice only to adjudicative facts formally (items A–C)

      EFFECT OF JUDICIAL NOTICE

      Civil case: Binding on jury to accept as conclusive any fact judicially noticed

      Criminal case: Jury instructed that it may, but is not required to, accept any fact judicially noticed as conclusive [201(g)]

      JUDICIAL RULINGS

      RULINGS ON EVIDENCE [103]

      Erroneous

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