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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:

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CHAP. 11: JUDICIAL NOTICE

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  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

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