Sentences with phrase «by judicial notice»

Under KRE 803 (18), known as the learned treatise rule, statements from such a document are not excluded by the hearsay rules, even though the declarant is not available as a witness, when these statements are used in questioning an expert witness, either on direct or cross, if the statements are established as a reliable authority either by the witness, other expert testimony, or by judicial notice.

To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.

Not exact matches

If a FOIA request is denied by the FOIA coordinator, the FOIA coordinator must send a written notice containing the reasons for denial and explain the right to submit a written appeal to the Webberville Community Schools Board or seek judicial review in court.

The decision reversed an opinion by the lower court that the Wikipedia entry could be admitted under the provision that describes the type of material appropriate for judicial notice.

Following the granting of permission by King J, the GMC withdrew its original charges, served a new (properly particularised) Notice of Hearing, and agreed to pay the registrant's costs associated with the judicial review.

The only difficulty is that his evidence belies an ignorance of the impact of residual mouth alcohol which is so notorious to the courts, as stated, by Durno, J., that Ducharme, J. is prepared to take judicial notice of it.

Le Blanc has done some preliminary testing of Employment Foresight, which helps users navigate difficult areas of employment law such as reasonable notice, worker classification, overtime exemptions and work classification by using machine learning to identify hidden patterns in judicial rulings.

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

I also wouldn't be surprised to read that a judge took judicial notice of something that was represented by a Wikipedia entry.

You comment in the conclusion about judicial notice and the «reliability» of machines controlled by software.

The Evidence Act (1845) fixed the problem by extending judicial notice to documents printed by the Queen's Printer and signed orders from another judge.

The notice alleges Douglas «knowingly participated» in the sexual harassment of Chapman; that she failed to disclose anything about the situation in a personal history form related to an application for judicial appointment; that she is incapable as a judge because the nude photos question «the image and concept of integrity of the judiciary»; and that she did not fully disclose facts to independent counsel by modifying a personal diary entry that was relevant to the investigation.

After Microsoft had filed its request for judicial notice, but still on the same day (Monday), the ITC postponed the target date for its decision on the scope of the review of the preliminary ruling on the Xbox by one week.

A successful judicial review challenge (via the pre-action protocol) brought by an established trading company to two separate accelerated payment notices («APNs») issued by HMRC's counter avoidance unit.

If you think those are difficult questions for lawyers, consider how much more difficult they are for the judge who is required to decide the case on the admissible evidence adduced in the hearing, supplemented by whatever the judge can take judicial notice of.

I do think the idea of allowing something close to judicial notice in place of expert evidence could only have one of two effects: 1) The judge would have decide on a case - by - case basis whether he or she is qualified to advise himself / herself as to «law» generally, or 2) The judge would have to undertake a self - qualification analysis to determine whether he or she is sufficiently expert in the area of law in question to forego actual expert evidence.

Process servers can be hired to give legal notice of court proceedings by serving documents to other parties in judicial review.

While I might have been prepared to consider taking judicial notice of the exceptional rarity of commercial bulk transport of chemicals by oxcart or horse, at least in the City of St. Catharines, the admission by the applicants that motor vehicles are used by Aquatech in the delivery of pool chemicals avoids that issue and strikes me as just the sort of non-controversial matter that the Court of Appeal... was referring to.

«However, they clearly violate the Criminal Code of Canada and this court takes judicial notice of the fact that in this age of the Internet, national boundaries are meaningless for the purposes of spreading hate propaganda such as that disseminated by the [National Alliance],» he wrote.

Judicial notice Technically the expression «judicial notice» meant no more than the identified material could be received by the court without furtheJudicial notice Technically the expression «judicial notice» meant no more than the identified material could be received by the court without furthejudicial notice» meant no more than the identified material could be received by the court without further proof.

Steven Porter was recently made partner and is leading a series of judicial review challenges brought by taxpayers against HMRC regarding payment notices for the clients» involvement in tax avoidance schemes.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contjudicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contronotice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contJudicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controNotice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

Best summed up in these words by G. D. Nokes in «The Limits of Judicial Notice» (1958), 74 L.Q.R. 59 at pg.

L. Rev. 269 (1944), at page 286: «The party seeking judicial notice has the burden of convincing the judge that (a) the matter is so notorious as not to be the subject of dispute among reasonable men or (b) the matter is capable of immediate accurate demonstration by resort to readily accessible sources of indisputable accuracy.»

Thus, because distance between two places in a locality may be readily confirmed by reference to a map, the judge was entitled to take judicial notice of such a fact.

Laviolette, [1996] S.J. No. 378: 10 Not only may a court take notice of what is common knowledge in the community, it may also take judicial notice of a fact or matter that may be readily determined by reference to an indisputable source.

Daley, [2008] N.B.J. No. 16: 20 Among the authoritative sources which have been accepted by courts as the proper subject of judicial notice are maps (D'Astous v. Baie Comeau (Ville)(1992), 74 C.C.C. (3d) 73 (Que.

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.

But, before we proceed to examine this part of the case, it may be proper to notice an objection taken to the judicial authority of this court to decide it, and it has been said that, as this court has decided against the jurisdiction of the Circuit Court on the plea in abatement, it has no right to examine any question presented by the exception, and that anything it may say upon that part of the case will be extrajudicial, and mere obiter dicta.

Schneiderman v. United States, 320 U. S. 118, overruled earlier holdings that the courts could take judicial notice that the Communist Party does advocate overthrow of the Government by force and violence.

[3] By the time the first judicial review was decided, despite the provisional finding that eight months» notice was appropriate, Dunsmuir had received almost twelve months» pay which the Court of Queen's Bench determined he could keep, [2005] N.B.J. No. 327, para. 85.

To do this, you can use the Notice of Hearing on Petition for Judicial Review form by clicking on the following link:

A little - noticed document filed by the Presidency on March 16 provides at least part of the explanation: because of the recent judicial elections, the Presidency has dissolved the PTC that was handling the Afghanistan situation (PTC III) and reassigned the situation to a newly - constituted PTC (PTC II).

An amended notice of allegations from the judicial council states Déziel has denied the allegations made by Cloutier.

Appellant argues that the trial court abused its discretion by taking «judicial notice» of a medical dictionary as a «learned treatise.»

Since the needed information is neither accessible to judicial notice nor within its proper scope, I believe we should seek further light by remanding the case to the courts of the State.

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

This dicta by the Supreme Court in Hardesty did not discuss the effect of SCR 4.020 (1)(d) which gives the Judicial Conduct Commission «the authority to refer any judge of the Court of Justice who, after notice and hearing is found by the Commission to be guilty of misconduct, to the KBA for possible suspension or disbarment from the practice of law.»

This paragraph describes the types of cases covered by the notice — the types of judicial review of arbitration matters and that these cases should be handled by the specialized trial division of each level of court designated in the paragraph I.

Both numbers are likely to be lower bounds for impropriety that reaches judicial notice, given the number of cases in which prosecutorial missteps are addressed by trial judges, or take place in cases that result in acquittals or are not appealed.

For example, if all evidence has been submitted to the judge who is reviewing the evidence but has not yet rendered a decision, and the stock price of a public company held by one spouse tanked unexpectedly, you could then make an application to the trial judge to reopen the trial, and take judicial notice of the current, much lower, stock price.

Prudential sought judicial review of the decision to issue the notices, arguing (inter alia) that the documents sought were protected by LPP.

Some of the problems emerge when judicial notice is used for facts which may be disputed by the parties.

So it surely is a fact of which a court could take judicial notice, aided by the mechanical computations of a reliable observatory.

If it may be thought that any error was entailed in the Court's perception of jurisdiction, such an apprehension by itself, would not justify the reversal of the Macharia Ruling, a decision which, as we must take judicial notice, will have established itself as a mark of certainty and predictability in the law,... on the basis of which numbers of people will have figured out their rights and expectations.

The Child Support Guideline Notice of Compliance, which is signed by both parents, documents that the Alabama rules of judicial administration for child support have been met, or if they have not, it sets forth reasons.

In spite of the reality that the other spouse may need time to process the emotional impact of the decision to divorce, the attorney typically responds to the demands of the client and turns up the procedural heat by filing pleadings, serving interrogatories, requesting production of documents, requesting the setting of trial dates, subpoenaing records, noticing depositions, and utilizing other procedural devices available to move the action toward judicial resolution.