1 / 11

CHAP. 11: JUDICIAL NOTICE

CHAP. 11: JUDICIAL NOTICE. P. JANICKE 2011. A SHORTCUT. JUDICIAL NOTICE IS A SUBSTITUTE FOR EVIDENCE A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF IF THE OTHER SIDE OBJECTS TO J.N., MOST LITIGATORS VIEW J.N. WITH CAUTION:

fawn
Télécharger la présentation

CHAP. 11: JUDICIAL NOTICE

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CHAP. 11: JUDICIAL NOTICE P. JANICKE 2011

  2. A SHORTCUT • JUDICIAL NOTICE IS A SUBSTITUTE FOR EVIDENCE • A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF • IF THE OTHER SIDE OBJECTS TO J.N., MOST LITIGATORS VIEW J.N. WITH CAUTION: • IF ON APPEAL NOTICE IS FOUND TO HAVE BEEN WRONGLY TAKEN, A REVERSAL COULD OCCUR Chap. 11 -- Judicial Notice

  3. ON THE OTHER HAND : • IN A CIVIL CASE A PROPER JUDICIAL NOTICE IS BINDING ON THE JURY AS TO THE FACTS NOTICED • IN A CRIMINAL CASE THE JURY IS INSTRUCTED THAT IT MAY CONCLUDE THE NOTICED FACTS • JUDGE IS A VERY INFLUENTIAL NUDGER Chap. 11 -- Judicial Notice

  4. SAFEST TACTIC : • PROVE UP THE FACTS, IF YOU CAN • AND ASK FOR JUDICIAL NOTICE Chap. 11 -- Judicial Notice

  5. 2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) • FACTS GENERALLY KNOWN IN THE LOCALE, E.G.: • MAIN AND FANNIN ARE HEAVILY TRAVELED STREETS • ONE CAN SEE MINUTE MAID PARK FROM HWY. 59 • THE ASTROS HAVE PLAYED IN HOUSTON FOR MANY YEARS Chap. 11 -- Judicial Notice

  6. FACTS NOT GENERALLY KNOWN, BUT ASCERTAINABLE FROM REFERENCES OF INDISPUTABLE ACCURACY • CLOSING PRICE OF IBM ON JULY 22 • HIGH TIDE TIMES AT GALVESTON ISLAND ON APRIL 17 • FRENCH IS AN OFFICIAL LANGUAGE IN BELGIUM Chap. 11 -- Judicial Notice

  7. AN IMPROPER BASIS • JUDGE’S PERSONAL KNOWLEDGE Chap. 11 -- Judicial Notice

  8. 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 Chap. 11 -- Judicial Notice

  9. 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 Chap. 11 -- Judicial Notice

  10. RULING AND EFFECT • JUDGE SAYS: “THE COURT WILL TAKE J.N. THAT THE SUN ROSE AT 5:14 a.m. OVER THE SHIP CHANNEL THAT DAY” • (CIVIL CASES) “...AND THE JURY IS SO INSTRUCTED” • A CONTEMPT TO CONTROVERT, BUT CAN MOVE TO VACATE Chap. 11 -- Judicial Notice

  11. 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. ....” • NOT A CONTEMPT TO CONTROVERT THIS • CAN PUT IN OPPOSING EVIDENCE Chap. 11 -- Judicial Notice

More Related