Legal Research

Conventional Wisdom and Judicial Notice

By Rebekah

Judicial notice is defined as “a court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact” Black’s Law Dictionary 923 (9th ed. 2009).

Many interesting (and ordinary) things turn up in case law as judicially noticed. Examples include the fact that that sneezes vary greatly as to type and duration (Pyle v. Bradley, 269 P.2d 842 (Nev. 1954)), the characteristics common to snowmen (Eden Toys, Inc. v. Marshall Field & Co. (675 F.2d 498 (1982)), and a mother’s love (Perkins v. Perkins, 293 S.W.2d 889 (Ark. 1956)).

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Full post as published by Cocky Law Blawg on February 15, 2011 (boomark / email).