Judicial Notice: CA judge may ask the jury to accep as proven in criminal cases

Judicial Notice

Def: the recognition of a fact as trus without formal presentation of evidence.

Q: What kinds of facts are appropriate for JN?
A: Indisputable facts, including:
1. notorious facts ( common knowledge)
2. manifest facts ( capable of verification by resort to easily accessible sources of unquestionable accuracy)

Cutie's Mnemonics: "No, Mam"

Q:Can Judge take JN of a fact on its own accord?
A: Yes

Q: What if the judge doesn't?
A: a party must formally request that JN be taken of the particular fact.

Q: Is a JN conclusive?
A: In a civil case, yes. but not in a criminal case. In a crimianl case, the jury is instructed that it may but is not required to accept as conclusive any JN fact.

Q: Really?
A: Good question. I am glad you ask this question. In Federal Rules, yes. Cause they worry about defendant's 6th Amd right. Yet, in California, we don't distinguish between civil cases and criminal cases ( cause we just don't know how to do that). Thus, in a criminal case in California, the judge may judicially notice an important fact and tell the jury to accept that fact as proven.

Q: Can Laws of foreign countries be JN?
A: Yes.