Judicial notice - Next Generation Bar Exam

1. In a criminal case, the court takes judicial notice that a street address lies within the federal district. How must the jury be instructed?

   That it may or may not accept the fact as conclusive. FRE 201(f) applies to all judicially noticed facts in criminal cases.

2. Under FRE 201(f), how must the jury be instructed on a judicially noticed fact in a civil case?

   To accept the noticed fact as conclusive. The jury may not reject a judicially noticed fact in a civil case.

3. Under FRE 201(e), what right does a party have regarding judicial notice?

   On timely request, to be heard on the propriety of taking notice and the nature of the fact. If notice is taken before the party is notified, the party may still request to be heard.

4. Under FRE 201(d), at what stage of a proceeding may judicial notice be taken?

   At any stage, including on appeal. Appellate courts may notice facts not noticed below.

5. What is the status under the Federal Rules of judicial notice of the content of law?

   It is not governed by FRE 201 and is handled by other rules, such as FRCP 44.1 for foreign law. Courts determine the content of domestic law without formal proof.

6. Under FRE 201(a), what kind of facts does the rule govern?

   Adjudicative facts only. Legislative facts, used in deciding questions of law or policy, are not governed by Rule 201.

7. Under FRE 201(f), how must the jury be instructed on a judicially noticed fact in a criminal case?

   That it may or may not accept the noticed fact as conclusive. This protects the defendant's right to a jury determination of every element.

8. Under FRE 201(b), what kinds of facts may be judicially noticed?

   Facts not subject to reasonable dispute because generally known or accurately and readily determinable from reliable sources. The two categories are general knowledge within the trial court's jurisdiction and verifiable facts.

9. Under FRE 201(c), when must a court take judicial notice?

   When a party requests it and supplies the necessary information. The court may also take notice on its own.

10. What aspect of another court's filings may a court judicially notice?

    Only the filing's existence, not the truth of its contents. The truth of disputed assertions is not beyond reasonable dispute.

Study these flashcards