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In a criminal case, the defendant has the right to contest every fact that might tend to incriminate him. Therefore, the court taking judicial notice would simply allow the jury to make the finding that the court took notice of, but would not require this outcome, and would not prevent the defense from presenting evidence to rebut the noticed fact.
The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. [9]
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
In 2020, the Illinois Supreme Court majority opinion didn’t make a decision on the constitutionality of the law in Brown’s case, but instead cited a court rule calling into question the ...
An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
Brown’s case has bounced around Illinois’ judicial system for years, having been in front of the Illinois Supreme Court in 2020 and 2022. Poss Illinois quick hits: Judge strikes down parts of ...