“Domestic” law is any law that can be adjudicated in U.S. courts. It includes treaties, executive agreements, and international law.

As does its federal counterpart, Mil. R. Evid. 201 authorizes judicial notice of "adjudicative facts" which are defined as "simply the facts of the particular case." See Drafters' [**9] Analysis at A22-4. Domestic law can constitute an adjudicative fact and be eligible for judicial notice if it is a "fact that is of consequence to the determination" of the case.3

[BEGIN FOOTNOTE 3] "Domestic law" includes treaties of the United States; executive agreements between the United States and any State, foreign country or international organization; the laws and regulations of the United States (which includes regulations of the armed forces) or of a State; international law; and the common law. See Drafters' Analysis, Drafter's Analysis, Manual for Courts-Martial, United States, A22-5 (2008 ed.) (hereinafter "Drafters' Analysis"). See United States v. Ayers, 54 M.J. 85, 90 (C.A.A.F. 2000) (a general regulation is a proper subject of judicial notice in a case charging a member with a violation of such a regulation). United States v. Commander, 39 M.J. 972, 977 (A.F.C.M.R. 1994) (panel instructed the military judge had taken judicial notice that anabolic steroids are a Schedule III controlled substance under the Controlled Substances Act of 1970). [END FOOTNOTE 3]

Mil. R. Evid. 201A; Drafters' Analysis at 22-5. Adjudicative facts would typically be resolved by the fact-finder in a particular case in determining who did what, where, when, how and with what intent. United States v. Jackson, 18 M.J. 403, 406 (C.M.A. 1984); Stephen A. Saltzburg, et al., Military Rules of Evidence Manual § 201.02[2], at 2-3 (7th ed. 2011). Mil. R. Evid. 201 limits the adjudicative facts that may be judicially noticed to those "not subject to reasonable dispute." This includes adjudicative facts that are (1) "generally known universally, locally, or in the area pertinent to the event," or (2) "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Mil. R. Evid. 201(b).