1. PRESUMPTION OF THE FOREIGN LAW.
- Author
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Kales, Albert Martin
- Subjects
- *
PLEADING & proof of foreign law , *PRESUMPTIONS (Law) , *JUSTICE administration , *COMMON law - Abstract
Addresses the questions, under what circumstances the court of the forum makes a presumption of foreign law, and what presumption it makes. Three possible rules which indicate when the court of the forum will shift the burden of going forward with evidence as to the foreign law upon the party not having the burden of proof of the whole issue of which the foreign law is a part; Cases which make plain the way courts recognize which of the American and European states have fundamentally the common-law system and those which have not.
- Published
- 1906
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