NCJ Number
84337
Date Published
Unknown
Length
0 pages
Annotation
Attorneys do not have to prove the following factors in court: the nature of language used, the data of everyday living, ordinary thought processes, and judicial notice. The lecturer explains the categories of judicial notice and kinds of facts they represent in order to aid attorneys in building their case models.
Abstract
A trial judge can take judicial notice when the fact is indisputable, common knowledge, or in the area where the court sits. The basis of judicial notice is efficiency. The court can take judicial notice of court records; almanac-type facts; and the scientific bases of radar, fingerprints, the alcohol breath test and the blood grouping test in paternity cases. The electronic voiceprint analysis device is halfway through the process of being accepted on judicial notice. The polygraph has not yet been accepted on judicial notice because courts have not yet been persuaded that it rests on the laws of nature. The four categories of judicial notice represent judicial notice of an 'adjudicated fact,' or that which has no legal significance apart from determining the case; judicial notice of a 'legislative fact,' or that which has legal significance beyond the case; and judicial notice of 'law'. The lecturer cites several cases to illustrate these points.