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Federal Rules of Evidence (US) QUESTION #3784
Question 1
In a civil case, the court takes 'judicial notice' of the fact that it was raining in the city on July 4th, 2023, based on certified weather records. The court instructs the jury that they 'must accept this fact as conclusive.' Is this instruction proper?
  • No, in civil cases, the jury has the discretion to reject judicially noticed facts.
  • Yes, in civil cases, the court must instruct the jury to accept a judicially noticed fact as conclusive under Rule 201(f).✔️
  • No, judicial notice is only for 'law,' not 'facts.'
  • Yes, but only if the parties stipulated to the fact beforehand.
Correct Answer Explanation
Rule 201(f) states that in a civil action, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, however, the court must instruct the jury that it *may or may not* accept the fact as conclusive.