Evidence Bar Practice Exam 2025 - Free Practice Questions for Bar Exam Preparation

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Which of the following is NOT a characteristic of judicial notice?

It can be used to acknowledge disputed facts

Judicial notice is a legal concept that allows a court to recognize certain facts as true without the need for formal proof or evidentiary support. This mechanism serves to expedite proceedings by acknowledging facts that are generally known or can be accurately and readily determined.

The characteristic of judicial notice is that it typically involves facts that are not subject to dispute. For instance, well-known facts or those that can be easily found in reliable sources are accepted without the need for presentation through typical evidential procedures. This ensures that the judicial process can focus on more contentious issues rather than getting bogged down by universally accepted facts.

When a fact is disputed, judicial notice is not appropriate, as the essence of judicial notice involves recognizing facts that require no further evidence due to their clear and uncontested nature. Thus, the assertion that judicial notice can be used to acknowledge disputed facts does not align with its principles.

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It is accepted without formal presentation of evidence

It is recognized based on common knowledge

It can be based on easily accessible sources

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