According to 201(e), how does jury notice differ between civil and criminal cases?

• A. In civil case, jury may or may not accept; In criminal case, court must notify jury
• B. In civil case, court must notify jury to accept an adjudicative fact. In criminal case, jury may or may not accept.
• C. In civil case, no instruction required; In criminal case, must notify jury
• D. In civil case, must notify jury about all facts; In criminal case, must notify jury about some facts

Answer: (B)

Judicial notice of adjudicative facts is treated differently in civil and criminal trials under Rule 201(e). When the court takes such notice in a civil case, the jury must accept the noticed fact as conclusive and treat it as true for the purposes of the case. In a criminal case, however, the jury is not bound to accept the noticed fact as conclusive; they may consider it and weigh it along with other evidence to decide guilt or innocence. This distinction explains why the best description is that civil cases require the jury to accept the adjudicative fact, while criminal cases allow (or require) the jury to decide whether to accept it based on the evidence.