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3 instance of mandatory judicial notice

 

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Mandatory judicial notice refers to situations where a court is required to take judicial notice of certain facts without requiring the parties to provide evidence or formally request the court to do so. Here are three instances where courts are typically required to take mandatory judicial notice:

1. Statutes and Regulations: Courts are generally required to take judicial notice of statutes and regulations in the jurisdiction where the court is located. This means that the court will consider and apply the law without the need for the parties to present evidence or argue about its existence or content. For example, if a case involves a dispute over the interpretation of a specific statute, the court will take mandatory judicial notice of that statute and apply it to the case.

2. Court Decisions: Courts are typically required to take judicial notice of their own prior decisions or decisions of higher courts within the same jurisdiction. This means that if a legal issue has already been decided by the court or a higher court, the court is obligated to apply that decision as binding precedent. The parties do not need to present evidence or arguments regarding the earlier decision.

3. Historical Facts: Courts are often required to take judicial notice of certain historical facts that are well-known and beyond dispute. These facts are generally part of common knowledge or are so widely accepted that there is no need for the parties to present evidence to prove them. For example, courts may take mandatory judicial notice of historical events like World War II, the signing of the Declaration of Independence, or the existence of major historical figures.

It is important to note that the specific instances where mandatory judicial notice is required may vary depending on the jurisdiction and the applicable laws and rules of evidence. The above examples are general and may not be exhaustive.