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Judicial Notice -- Excerpts Relating To The Morgan-Wignore Controversy, John T. Mcnaughton Jun 1961

Judicial Notice -- Excerpts Relating To The Morgan-Wignore Controversy, John T. Mcnaughton

Vanderbilt Law Review

Author's Note: These two excerpts are from the author's preliminary draft of his proposed revision of the judicial notice chapter of Wigmore on Evidence. The excerpts are submitted for publication in this Edmund M. Morgan issue of the Vanderbilt Law Review for two reasons: First, because of the important role played by Professor Morgan in the recent development and articulation of the law of judicial notice and, second, because Professor Morgan and Dean Wigmore stand at opposite poles in the argument over judicial notice. At least they do with respect to one significant particular. They do not differ with respect …


Judicial Note And Indisputables, Ralph Slovenko Jan 1961

Judicial Note And Indisputables, Ralph Slovenko

Cleveland State Law Review

Under the adversary system of trying cases, the litigant and not the trier is responsible for gathering and presenting the evidence. However, under the doctrine of judicial notice, the tribunal accepts the existence of certain evidence without the necessity of a party offering formal proof.