Judicial Knowledge Flashcards
Definition
Where a fact may be so notorious as to be indisputable, or which can be immediately ascertained from sources of indisputable accuracy.
If within judicial knowledge then the court will assume it exists.
Notice of notorious facts
Two weeks is too short human gestation, night follows day, dogs bark etc.
Some less obvious but still regarded as notorious -
Taylor v Glasgow Corporation - Belladonna bush, death near a kids playwark
Manson v HMA - Within judicial knowledge that witnesses can be threatened
Doyle v Ruxton - Publicly known brand for certain thing
It should not be a substitute for evidence Kennedy v Smith
Notice after enquiry
Court is checking the facts before declaring them to be within judicial knowledge.
It comes from a source, foreign law must be proven
Texts and reference works can be referred to by the court without expert evidence.
Not all texts are accepted - Highway code wasn’t Caving Kinnaird
Personal knowledge of the judges should normally not be used to fill in gaps in the evidence - Dyer v Wilsons and Clyde Coal Co - Knowledge of local work market irrelevant
Knowledge obtained outwit four corners of evidence led should not influence decision
Hattie v Leitch - Field trip
Aitken v Wood - Take another look at her arm.
