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listing of doctrines


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#1 luckygerm

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Posted 29 January 2013 - 11:10 AM

Can you provide me with a link that would have a listing of doctrines (like you referenced above, with the "res juridcata")? That sounds neat. I'd like to look at a list of different ones along with their definitions. Broaden my horizons a little.

#2 luckygerm

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Posted 29 January 2013 - 11:17 AM

Say I had objections in writing to contents in law & motion document, and that law & motion hearing has already came and went, so the time with which to object has technically passed. However, part of the motion included a declaration under oath, which I believe can be introduced in the trial as testimony.

Can I prepare a request for Judicial Notice and ask that the judge take my objections into consideration? I looked at the Evidence Codes that you indicated, and the only gray area that may allow my input is:

Section 452.(h) "Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy."

What do you think?

#3 pg1067

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Posted 29 January 2013 - 12:23 PM

Can you provide me with a link that would have a listing of doctrines (like you referenced above, with the "res juridcata")?


I'm not sure to whom or what you're referring here (i.e., who is "you" and what does "referenced above") mean. As far as a list of legal doctrines, you might try Wikipedia. Some of the articles I've read there regarding legal "doctrines" contain efforts to organize things into categories.


Say I had objections in writing to contents in law & motion document, and that law & motion hearing has already came and went, so the time with which to object has technically passed. However, part of the motion included a declaration under oath, which I believe can be introduced in the trial as testimony.


The chances that a declaration used in connection with a pretrial motion could be introduced or admitted at trial are remote at best (although you could use testimony in such a declaration to impeach a trial witness if the witness testifies contrary to what s/he testified in the prior declaration).


Can I prepare a request for Judicial Notice and ask that the judge take my objections into consideration?


You could, but it wouldn't be proper. A request for judicial notice is a way to get certain facts into evidence without going through normal evidentiary procedures. For example, if it's relevant that March 20, 1973 was a Tuesday, you can ask the court to take judicial notice of that fact or the fact that sunrise today in Los Angeles was at 6:51 a.m., etc. If a declaration were filed in another case, you could ask the court to take judicial notice of that fact and of the contents of the declaration (although not of the truth of facts asserted in the declaration). There is no need to ask a court to take judicial notice of documents filed in the court's own file for that same case, and you certainly wouldn't use a request for judicial notice to make objections. If the other party's lawyer seeks to testify in a similar manner at trial, that will be the time to make your objections.


I looked at the Evidence Codes that you indicated, and the only gray area that may allow my input is:

Section 452.(h) "Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy."


That who indicated? Indicated where? EC 452(h) would apply to things like the day of the week on which a certain day fell or the time of sunrise. It wouldn't have any application to something someone said in a declaration in support of a pretrial motion.

#4 Guest_FindLaw_Amir_*

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Posted 30 January 2013 - 10:45 AM

Could you please elaborate a bit more on what specific doctrines you are seeking to locate?




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