CHAP. 11: JUDICIAL NOTICE OF FACTS Prof. JANICKE 2016

Chap. 11 -- Judicial Notice NOTICE OF FACTS IS THE ONLY TYPE O NOTICE INVOLVED HERE JUDICIAL NOTICE OF LAW OR LEGISLATIVE INTENT ARE OUTSIDE THIS COURSE 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice A SHORTCUT JUDICIAL NOTICE OF A FACT IS A SUBSTITUTE FOR EVIDENCE ON THAT FACT A NICE DEVICE IF YOU ARE CAUGHT WITHOUT PROOF 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2016 Chap. 11 -- Judicial Notice

2 ALTERNATE BASES FOR JUDICIAL NOTICE (RULE 201) 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 FOR MANY YEARS 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice AN IMPROPER BASIS JUDGE’S PERSONAL KNOWLEDGE 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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.” 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice 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 2016 Chap. 11 -- Judicial Notice

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 2016 Chap. 11 -- Judicial Notice

Chap. 11 -- Judicial Notice PROBLEMS/CASES 11A 11B 11D 11E Virgin Islands 11G 2016 Chap. 11 -- Judicial Notice