Judicial Notice

Judicial Notice

From the book The Clergyman’s Hand-book of Law, about Judicial Notice (1): A church takes judicial notice without proof of its own rules, laws, and doctrines. Every other fact should be proved according to the rules of evidence of the church, and in the absence of a church rule the following rules of the courts of this country should prevail:

1. Nothing should be admitted in evidence unless it directly proves or disproves an evidentiary fact forming a link of a chain of facts that will prove a fact in issue.

2. It is sufficient to prove the substance of the issue, unless the exact word or thing forms the issue.

3. The burden of proof is on the one who asserts the fact, whether it is stated affirmatively or negatively, and its proof is necessary to his making a case.

4. The best evidence that the case in its nature affords must be produced.

5. Mere hearsay evidence shall not be allowed, excepting:

(a) Matters of public or general interest.

(b) Declaration against interest.

(c) Dying declarations.

(d) The testimony of witnesses since dead or absent.

(e) Admissions.

(f) Confessions.

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church