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In English common law, this is called "taking judicial notice". It's usually for common-sensical things that aren't controversial. Of course, judges could misa
by hnfong 3y ago
In English common law, this is called "taking judicial notice".
It's usually for common-sensical things that aren't controversial. Of course, judges could misapply this rule, but if a judge is sitting on a blasphemy trial you have more problems (with the legal system) than a dispute about whether "religion is real".
I suspect the rule is just to make things less "anal" for court procedings. Otherwise every small bit of fact needs to be proven. Things like "summer is hot", "Taylor Swift is a famous singer", "computers can be hacked", "smart phones can take photos", etc. etc. Surely you don't want to call expert witnesses for these, right?
And given that the judge ultimately calls the shots (since they're the ultimate interpreter of the law), you'd have a problem if a biased judge is appointed anyway, no matter what rules of evidence is adopted.