Sentences with phrase «take judicial notice»

Reflecting on the Apology, he considered it appropriate for the High Court «to take judicial notice» of it:

The motion judge was entitled to take judicial notice of what was in the court file, namely, that Brunning conceded writing the correspondence alleged to be defamatory.

ct. judge (Maryland) take judicial notice of something that is a literally impossibility, then denied me an opportunity to be heard under FRCP 201 (e).

We would take judicial notice of the solemnity of the Court of Appeal's record, while bearing in mind that the appellant's main cause is not before the Supreme Court.

«We take judicial notice that Kenya, thanks to the relentlessness of the people's democratic struggles, has recently enacted for herself the current Constitution, which assures for every citizen an opportunity for personal security and for self - actualization in a free environment.

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.

This being a dispute regarding commercial transactions, a sector of the most active relationships in a growing economy such as that of Kenya — a fact of which we take judicial notice — it is reasonably to be expected that such legal principles as will emerge from the adjudication of the intended appeal will, in time, have a significant recurrence in the incidence of dispute settlement.

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

Much less can I take judicial notice of information posted on an Internet site.»

In R. v. Whittaker, the Alberta Court of Queen's Bench refused to take judicial notice of information found in an online copy of the Drug Identification Bible.

The court may, in any matter, take judicial notice of the facts in dispute in the presence of the parties or where the parties have been duly called.

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.

This is so because (1) such findings do not constitute facts «not subject to reasonable dispute» within the meaning of Rule 201; 13 and (2) «were [it] permissible for a court to take judicial notice of a fact merely because it had been found to be true in some other action, the doctrine of collateral estoppel would be superfluous.»

21 Therefore, a court can not take judicial notice of another court's legal determination that a party constituted a state actor for the purposes of § 1983: That determination is neither an adjudicative fact within the meaning of Rule 201 nor beyond «reasonable dispute.»

1993)(holding that district court was within its discretion to take judicial notice of the dictionary definition of a word); B.V.D.

The trial court intended to take judicial notice of the meaning of the term «psychogenic,» and found a medical dictionary to be an indisputable source of the definition.

Obviously, a court could still take judicial notice of a law, if that law constituted an adjudicative fact in a particular case.

I agree completely and take judicial notice of the developments in American law schools, including my own, to focus on modalities of such training.

1988)(«Courts may take judicial notice of... dictionaries.»)

Taylor v. Charter Medical Corp., 162 F. 3d 827 (C.A. 5 (Tex.), 1998) even though a court may take judicial notice of a «document filed in another court... to establish the fact of such litigation and related filings,» 12 a court can not take judicial notice of the factual findings of another court.

(Some provinces have very expanded rules which permit a court to take judicial notice of foreign law; Ontario does not have these.)

18 Justice Alito pointed to decisions holding that the Court ««may properly take judicial notice of the record in that litigation between the same parties who are now before us.»»

I agree with my Brother STEWART that we may properly take judicial notice of the evidence of record in Walker v. Birmingham, 388 U. S. 307 (1967).

«De non apparentibus et non existentibus eadem est ratio: Where the Court can not take judicial notice of a fact, it is the same as if the fact had not existed.

We may take judicial notice that the Communist doctrines which these defendants have conspired to advocate are in the ascendency in powerful nations who can not be acquitted of unfriendliness to the institutions of this country.

We can reasonably take judicial notice that lawyers must address any technology fears, prepare to budget significant funds into our technology and embrace these changes, or risk being that dinosaur in, perhaps, five (or fewer) years.

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.

The court can take judicial notice of anything in the scientific world scientifically provable.

Apple's motion to take judicial notice of Exhibits 1 - 45, dkt.

2007)(a court may use mapping services, such as Google Maps, whose accuracy can not reasonably be questioned, to take judicial notice of the (approximate) driving distance between two points referenced in the record).

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.

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.

Unlike with state law, «[n] either [the appellate court] nor the trial court may take judicial notice of municipal ordinances -LSB-.]»

Court may properly take judicial notice of park's location as north of intersection where Defendant was seen in hand - to - hand drug transaction, as shown on Google Maps, as it is a sufficiently reliable mainstream website.

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

July 6, 2010)(the court, apparently on its own initiative, used Google Maps to take judicial notice of distance between Ukiah and San Quentin for the purpose of providing context to the question of whether a parole officer was becoming too familiar with a parolee); Citizens for Peace in Space v. City of Colorado Springs, 477 F. 3d 1212, 1219 (10th Cir.

meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue, and upon such a question dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court.

The [appellees] have requested this court take judicial notice of the unpublished opinion of the California Court of Appeal, Second District, Division Three (Augustson v. Texaco (Sept. 9, 2008, B202633)[nonpub.

The author of this article requested that the California Court of Appeal, Fourth District, Division Two (Riverside) take judicial notice of an unpublished opinion cited solely for any pursuasive value the case may have in a pending appeal.

As such, it can take judicial notice of other proceedings in courts which «directly relate to matters at issue.»

Chief Justice Bauman held the Court of Appeal can not conduct its own research and take judicial notice.

I agree that QB judges should be able to take judicial notice of the standards of care applicable to counsel engaged in litigation.

However, I don't think they should be able to take judicial notice of the standard of care applicable to solicitors engaged in non-litigious contexts.

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.

(Relatively) recently, courts had begun to rely on Google Map results and take judicial notice of the information they contain.

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.

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

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.

26 In a recent decision on this issue Ducharme, J. in R. v. Ah - Yeung14, released April 19, 2010, after referring to this comment from Durno, J. in Mastromartino stated that he would be prepared to take judicial notice of the effect of residual mouth alcohol in causing a «false fail» on the approved screening device.

As Omar pointed out, you can take judicial notice of something when it is a «notorious fact.»