Law Commons^™

Conflict Of Laws-Judicial Notice Of Foreign Law

Michigan Law Review

Substantively, "the subject of judicial notice . . . belongs where the general topic of legal or judicial reasoning belongs, - to that part of the law which defines among other things, the nature and limitations of the judicial function - it is, indeed, woven into the very texture of this function." Functionally, the subject of judicial notice is that portion of procedural law relating to "Proof'' wherein the ordinary rules of evidence are inapplicable. That is to say, certain propositions, "facta probanda," of a party's case will be taken for true by the tribunal without proof. These are generally …