This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Daisy sues Donald for injuring her at a birthday party. The court takes judicial notice of the fact that an exploding firework can injure a person and instructs the jury that it must accept the noticed fact as conclusive. Donald objects to the noticed fact on the grounds that Daisy did not request judicial notice. Donald also objects to the jury instruction on the grounds that the jury should not be required to accept the noticed fact as conclusive. How should the court rule on Donald’s objections?
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Hint
To answer this question, you should think about and discuss first when judicial notice of a generally known fact can take place, and if it needs to be requested by a party. Next, think about and discuss whether in a civil case, the court should instruct the jury that it must accept a noticed fact as conclusive.
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Judicial Notice of a Fact Without Request
Conclusiveness of Notice Fact
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