Judicial Notice: The Difference Between “Legislative” and “Adjudicative” Facts
A court accepts a well-known and indisputable fact without taking the time and trouble of requiring a party to prove it. What could be more straightforward, more commonsensical, than that? As McCormick puts it, the “oldest and plainest ground for judicial notice is that the fact is so commonly known in the community as to make it unprofitable to require …