Sentences with phrase «judicial notice»

The judge further stated that the court took judicial notice of the fact that while the suit was pending in court, the senate went ahead to suspend the senator for 90 legislative days.

As the respondent suggests, we may properly take judicial notice of the record in that litigation between the same parties who are now before us.

On the other hand, the issues with such evidence did not make it a matter for judicial notice, either.

Obviously there will be cases where the margin of error is wide enough to allow judicial notice to be taken.

At what point does judicial notice itself become a form of activism?

Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense.

You could also try a hand at judicial notice, but generally as I understand this requires consent from both parties with some exceptions.

The problem is there is no bright line dividing judicial notice from its elusive cousin, common sense.

Has the online world become so pervasive as to warrant judicial notice?

Usually the former are proved by evidence, though the doctrine of judicial notice permits judges to find certain facts independent of proof.

What makes litigation expensive is that there is too much judicial notice of alternative theories about facts like causation.

Nonetheless, the Internet is not going away and, as such, courts are increasingly having to decide whether to take judicial notice of Internet sources.

The reality is that the state of the science is such that courts are increasingly taking judicial notice of climate change and its impacts.

Prohibiting the citation to unpublished opinions as persuasive authority under the no - citation rule is contrary to the conflicting judicial notice statute.

That determination simply was not the type of «self - evident truth -LSB--RSB- that no reasonable person could question, [a] truism -LSB--RSB- that approach [es] platitude -LSB--RSB- or banalit [y],» as required to be eligible for judicial notice under Rule 201.

Dr Okonjo - Iweala therefore put Oshiomhole and his ilk on judicial notice saying she has briefed her lawyers and that she is ready to explore all legal means, local and international, to defend her name against corrupt and compromised persons.

CUNNINGHAM, J., CONCURS BECAUSE THE INFORMATION GIVEN TO THE JURY WAS ONLY THE UNCONTROVERTED DEFINITION OF AN OFFENSE ALREADY INTRODUCED, NOT NEW «PROOF,» AND WAS THEREFORE NOT ERROR — HARMLESS OR OTHERWISE LawReader NOTE: This ruling notes the difference in the use of evidence admitted by the court under Under KRE 803 (18), known as the Learned Treatise Rule and evidence admitted purely by Judicial Notice.

And really, who's to say that Walter Sobchak isn't just as deserving of judicial notice as Iago or Hamlet?

Criminal defence lawyer Daniel Brown notes the case deals in part with the scope of judicial notice when it comes to accepting facts generally accepted to be true.

One California Court of Appeal recognized the conflict with Rule 8.1115 (a), stating that «[a] lthough [a] Court of Appeal opinion... is not published, we may take judicial notice thereof as a court record pursuant to Evidence Code section 452, subdivision (d)(1).»

This opinion is properly the subject of judicial notice pursuant to Evidence Code 452 (d)(1) as a «[r] ecord -LSB--RSB- of -LSB--RSB- any court of this state.»

8 That excellent resource includes articles on «Appellate Judicial Notice in a «Google Earth» World,» «Judges and the Internet: Does the Record Still Matter?

Although there is no regulatory or judicial notice requirement for a merger of charitable organizations or a governance shift whereby an unrelated organization becomes the sole statutory member of a Massachusetts charitable corporation, the Division considers these fundamental transactions as well and requests informal notice when such transactions are contemplated.

But where with the advent of 31st December 1981, a sizeable section of the people recite a litany of ills and perpetual relive them, it can not, with the best will in the world, be classified as an ideal scenario for a public celebration, nor can its baleful antecedents escape judicial notice.

«Such a malleable source of information is inherently unreliable and clearly not one «whose accuracy can not reasonably be questioned,»» such as would support judicial notice under New Jersey Evidence Rule 201 (b)(3).

Courts, we may all take judicial notice here, are a more conservative bunch, but we have been approaching a tipping point only somewhat sluggishly ever since.

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

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.

[23] Under the statute itself, the only relevant «fact» would be what warning the agency had approved, which would be a matter of public record of which judicial notice could be taken.

A recently published law review article concludes that «[i] n this battle between the no - citation rule and judicial notice [under Evidence Code 452 (d)(1)-RSB-, the statute overrides the rule.

If you want more serious reading on the various ways that electronic sources (rather than 20 - year old slacker movies) are influencing judicial notice, read Ellie Margolis, «It's Time to Embrace the New — Untangling the Uses of Electronic Sources in Legal Writing» 23 Alb.

I'm starting to think that proof of foreign law is a bit like judicial notice or res gestae — part of the law of evidence that is simply ignored until someone needs to stop an opponent's argument.

Here the Lebowski reference is nicely placed in the context of Justice Debra Lehrmann's reasons because it reinforces judicial notice of how the «cornerstone of First Amendment protections» is reaffirmed not only in the various courts, but in popular culture.

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.

But Sookman says the Crown should have brought forward technical evidence if there was a need and if there was a need for judicial evidence it could also have been decided based on judicial notice.

Essentially, KRE 201 allows judicial notice to be taken of «facts «which can be determined from unimpeachable sources.»

It's possible that Samsung will file a request for judicial notice of today's Munich decision, but the legal systems are different and I doubt that the Munich appellate decision will have any impact on the upcoming decision in California.

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.

I tend to agree with Paul and Jim when they point out the problems with allowing what would amount to judicial notice as to a particular standard of care.

One court noted that «[a] lthough the Court of Appeal opinion in [another case] is not published, we may take judicial notice thereof as a court record pursuant to Evidence Code section 452, subdivision (d)(1).»

We all know that appellate courts can not take judicial notice on appeal of a criminal case to cure a sufficiency of the evidence problem.

2) «Judicial notice under KRE 201, however, concerns only adjudicative facts.