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Rule 201. Judicial Notice of Adjudicative Facts

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(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:

(1) is generally known within the trial court’s territorial jurisdiction; or

(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

(1) may take judicial notice on its own; or

(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.

(d) Timing. The court may take judicial notice at any stage of the proceeding.

(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

(f) Instructing the Jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive

RULE 104. Preliminary Questions

a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.

(b) Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.

(c) Conducting a Hearing So That the Jury Cannot Hear It. The court must conduct any hearing on a preliminary question so that the jury cannot hear it if:

(1) the hearing involves the admissibility of a confession;

(2) a defendant in a criminal case is a witness and so requests; or

(3) justice so requires.

(d) Cross-Examining a Defendant in a Criminal Case. By testifying on a preliminary question, a defendant in a criminal case does not become subject to cross-examination on other issues in the case.

(e) Evidence Relevant to Weight and Credibility. This rule does not limit a party’s right to introduce before the jury evidence that is relevant to the weight or credibility of other evidence

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Employee Benefits Law

Employee benefits such as health insurance, pension plans, life insurance, and severance packages are covered by a federal statue called ERISA - the Employee Retirement Income Security Act of 1974. ERISA serves as the bible for lawyers who deal in employee benefit laws.

According to employee benefits lawyers, the specialty coves both the transaction and litigation aspects of practice. It provides opportunities to represent employers as well as their workers.

Topics for future employee benefits attorneys should include labor law, compensation and benefits, benefits administration, taxation, and issues pertaining to COBRA and HIPPA.

Elder Law

A practitioner of elder law will find that the field does not focus on any one particular area. Since many older individuals face certain challenges due to retirement and its monetary ramifications, or because of health concerns (possibly involving institutionalized care), the issues that come before an elder law lawyer can involve laws concerning real estate, health insurance, pension plans, Social Security, benefits, trusts, estates, taxation, and possibly divorce. Elder lawyers work to ensure that the rights of their clients are not violated in any scenario.

Government positions can include working for a state attorney general in a public protection division that fights elder abuse or in its Medicaid fraud unit to prosecute individuals who try to take advantage of the system. State agencies also employ professionals in elder law who address the concerns of the elderly regarding housing, health care, living wills, and more.

Future practitioners of Elder Law need to have a background that covers issues regarding Medicare and Medicaid, estate planning, trusts, long term care insurance, and the rights of the elderly and disabled.

e-Commerce Law

The reach of e-commerce spans more than the dot-com world. Today, most traditional "brick-and-mortar" companies have involved in some sort of e-commerce. These companies engage in their business and, as a side-effect, information about their business dealings is generated. This information can then be exchanged with customers, suppliers, employees, and even the government via the internet. A business' structure, the nature of its online transactions, and its passing of confidential information electronically bring about an abundance of legal issues. Lawyers specializing in e-commerce often find themselves dealing with issues of security and privacy, intellectual property rights, technological development and ownership. They also are tasked with deciphering legal author jurisdiction for activities held in cyberspace.

To prepare for working in this area, it is suggested that students interested in cyberspace law gain a background on intellectual property, constitutional & First Amendment issues, conflicts, remedies, international law/jurisdiction, and the Uniform Commercial Code.

Drug Law

Nearly one-quarter of the United States economy is made up of products regulated by the Food and Drug Administration (FDA). As such, strict laws are in place that affect the production and distribution of prescription and some over-the-counter products and medications. Lawyers can be involved in work in virtually all stages of a drug's development. Often, they work in-house to define the relationship between drug companies or research institutions and the scientists that work for them. They help drug corporations navigate through the regulatory maze that is encountered when attempting to get a product to market. If a product is accused of doing harm, these lawyers are brought in to handle litigation proceedings.

Attorneys practicing drug law also can find themselves working in commercial and insurance defense, including medical malpractice and product liability. In some cases they work on the behalf of doctors and/or physician groups to negotiate contracts with hospitals and other entities that will be handling or dispensing their product.

Suggested topics for an inspiring Drug Law lawyer to cover in their coursework include regulatory practices, food and drug laws, chemistry manufacturing and control issues, quality management, and drug discovery development and registration.

Cyberspace Law

Cyberspace law covers many areas of business and day-to-day life. These include advertising and consumer protection, intellectual property, payment systems and banking, privacy issues, gaming, sales of goods, sale of services, securities, and taxation. A lawyer practicing in this specialty can find himself working with a consumer who is dissatisfied with goods purchased on the internet, or a large company whose proprietary content may be misappropriated for use on a competitor's web page.

Jurisdiction over Internet transactions (see e-Commerce Law) is among the hottest issues in cyber law. Because the internet makes it possible for people to do business without even knowing what country the other party is in, when there is trouble, lawyers have to determine where or what the appropriate forum for suing a company is since sometimes it is not known where the company is located. More complications can ensue if the company is located in another state or country

Consumer Law

Consumer lawyers represent the interests of business clients or advocate on behalf of buyers of products and services. Legal activity can include products liability cases, contract claims, consumer credit issues, unfair lending practices, claims of false or deceptive advertising. Representation of senior citizens is one of the fastest growing aspects of consumer-side practice in this area.

Business Law

Lawyers who practice business law guide individuals in the structuring of their business. The size of the company, number of owners, profitability, and risks to the company are assessed and averred by the attorney and recommendations are made as to what business structure would be most appropriate for these conditions. (i.e. corporations, LLCs, sole proprietorships, partnerships, cooperatives, etc.).

There are several ways you can structure your business, and no one way is necessarily better than another. What suits you best depends on the size and profitability of your company, how many owners the company has, and the risks involved. There are several options, which will be explained in other entries, but include sole proprietorships, partnerships, LLCs, corporations, and cooperatives.

Future business lawyers should have a knowledge of all aspects of business, including but not limited to topics of taxation, management, accounting, economics, contract negotiation, labor and employment issues, litigation, and arbitration.

Bankruptcy Law

Depending on the nature of a case, bankruptcy lawyers represent creditors, debtors, individuals, or businesses. The objective of these lawyers is to help bring back individuals or corporations from the brink of financial failure. Courtroom work can be heavy, especially with Chapter 11 cases for businesses, which involve significant motion practice.

The tax aspect of bankruptcy can provide lawyers with a variable workload, depending on what the bankruptcy entails in regards to the choice of liquidation or reorganization.

In order to successfully handle corporate restructuring or plans for reorganization, students need to have thorough knowledge of corporation practices, how contracts work, how securities laws work, taxation principles, and in some cases, how international trade works.

Banking Law

Covering several types of financial institutions banking law includes banks, savings and credit unions, and savings and loans, easing companies, finance companies and various types of financial borrowers.

The work of banking attorneys covers topics such as incorporation of banks, corporate and private lending, electronic banking and regulatory and corporate governance, financing and refinancing, international banking transactions, financial leasing, loans, taxation, government regulations, and issues with an individual's bank.

Courses covering banking, taxation, negotiable instruments, and contract negotiation are key to a student wishing to specialize in banking law.

Antitrust Law

Antitrust is defined as "opposing or intended to regulate business monopolies, such as trusts or cartels, especially in the interest of promoting competition."

Antitrust lawyers work to ensure that antitrust laws are established and adhered to by large corporations. Their duties are to protect the consumer while encouraging free commerce within the business arena. Individuals in this specialty can serve as courtroom litigators, regulatory advocates, or business advisors.

Students of antitrust are required to master statutory, administrative, and case law - as antitrust actions can proceed as criminal or civil cases, typically with high stakes involved.

Administrative Law

Administrative law governs the organization and operation of the United States' Executive Branch of government (President, Vice President, and associated administrative departments and agencies). It also governs the relations between U.S. citizens and the three branches of government (Executive, Judicial, and Legislative).

Congress, functioning within limits set by the Administrative Procedure Act, the U.S. Constitution, and state statute, among other laws and legal principles, gives authority to government agencies, as agents for the executive branch, to set policies and regulations primarily to protect the public's interest.

Professionals working at administrative agencies establish and enforce standards and regulations that affect every aspect of life, such as food safety (FDA), environmental protection policy (EPA), and entertainment standards (FCC).

Appellate Practice

Appellate practice involves different skills and strategic considerations than trial practice. On appeal, the focus shifts from developing and proving facts (through discovery, examining witnesses, and trial) to the legal issues that decide the case. Effective appellate advocacy thus demands a formulation of the issues that is focused on what is important to a panel of appellate judges deciding the case. In formulating the issues on appeal, an appellate lawyer conducts thorough legal research; analyzes the legal issues in light of the rule-making and policy considerations that shape the development of law; and then presents the facts and those issues and arguments selected for appeal concisely in a persuasive appellate brief. The importance of a well-crafted appellate brief cannot be exaggerated. Appellate briefs receive greater judicial scrutiny than written materials prepared at trial because they are reviewed by a panel of judges, rather than a single judge, along with those judges’ larger legal staff, under comparatively less time pressure than exists in the trial court. As one appellate court has explained, appellate work is “most assuredly not the recycling of trial level points and authorities” but instead “entails rigorous original work in its own right” and “offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” In re Marriage of Shaban, 88 Cal. App. 4th 398, 408-10 (2001). After the appellate briefing, oral argument is an opportunity to engage in a dialogue with the appellate judges regarding the issues in the case. To be effective, appellate oral advocacy must be keyed to the unique concerns of the appellate forum – avoiding emotional or fact-based pleas that may play well before a jury, but instead focusing on the dispositive legal issues, being sure to answer the judges’ questions. In addition to the practice in the appellate courts, appellate lawyers play important roles in the trial courts. Appellate lawyers collaborate with trial counsel on strategic and tactical matters to raise all applicable arguments and make the appropriate trial record, identifying and preserving legal issues as they arise and crafting effective motions on substantive legal issues – before, during, and after trial. Therefore, involving an appellate lawyer in a case as early as possible is important to ensure the best chance of success both at trial and on appeal.

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