Judical Knowledge Flashcards
Judicial knowledge relations to two situations
Facts may be so notorious as to be indisputable
- notice without inquiry
Can be immediately ascertained from sources of indisputable accuracy
- notice after enquiry
Exception to rule that
Evidence must be offered to prove any fact accepted or repudiated by the court
Judicial knowledge without inquiry includes things such as
Significant calendar dates
Historic events
Geography
Current affairs
Some facts less obvious but still regarded as notorious…
Taylor
V
Glasgow corporation
Court indicated that it it within JK that young children will be tempted to eat things they shouldn’t if they are in close proximity
Manson
V
HMA
It is within JK that witnesses are often intimidated in criminal trials
Evidence need not be led to prove this point
Doyle
V
Ruxton
Case concerning corroboration if sufficient alcohol content in drinks such as magners, hooch, carling and guiness
Court established that where information is deemed to be widely within the public knowledge, it can reasonably be presumed to be within judicial knowledge
JK without inquiry
However
Care should be taken and speculation even when not entirely fanciful should not be substituted for evidence
Kennedy v Smith
Kennedy
V
Smith
Judge should not form his own unaided opinion on the likely effect of a pint and a half on a man who does not regularly drink
Judges should not rely on their own knowledge or substitute it for that of an expert
Judicial notice after inquiry
Court is checking facts before declaring them to be - or not to be - within judicial knowledge
Certain info may be indisputable but not committed to memory
Eg whilst a judge is presumed to know all of Scots law on any matter it does not prevent them consulting authority and statutes
IRC
V
Russell
Text and reference works can be referred to by the court without expert evidence
Step child in tact statute interpreted by reference to dictionary by House of Lords
Cavin
V
Kinnaird
Highway Code not accepted
Held that whilst presence was it content is not, expert would need to come and speak about it
Judicial knowledge is limited
Does not include judges own experience of a matter where evidence with a direct bearing on matter is available
Function of JK is only to note existence of a matter beyond dispute, NOT to usurp the function of evidence on a contested matter
Dyer
V
Wilson’s and Clyde coal co
Arbitrators knowledge of coal market which he drew on in deciding the case was irrelevant
He is expected to use expertise, not own local knowledge
Hattie
V
Leitch
Knowledge obtained out of 4 corners of evidence should not influence decision and should certainly not be sought out by the court
Judge was held to have gathered own evidence after visiting the locus to test the accuracy of accounts given by the witness
Decision overturned on appeal on this basis
