Judicial Knowledge

Question 1

Judicial Knowledge def.

Answer 1

refers to facts which are so-well known that they do not call for proof by evidence. The idea also extends to matters which can be easily established from accepted sources.

Question 2

Walker&Walker

Answer 2

it is unnecessary and usually incompetent to lead evidence within judicial knowledge. judge will take notice as bound by statute to do so/ customary to do so.

Question 3

judicial knowledge ex

Answer 3

certain scientific fact which is indisputable

Question 4

Morrison v monro

Answer 4

previous conviction of the accused carried out by the judge. this was personal knowledge of judge, which does NOT equate to Judicial knowledge. As the accused convictions could not be held to be the knowledge of all judges. the judge was referring to personal knowledge.

Question 5

Kennedy v smith

Answer 5

distinction between what is known by a reasonable person and what is known by an expert.

Question 6

Judicial knowledge Acts of parliament

Answer 6

interpretation act 1978 s.3

Question 7

Scotland act 1998 s.28(6)

Answer 7

every act of the Scottish Parliament shall be judicially noticed

Question 8

Judicial knowledge statutory instruments

Answer 8

apre 1850

Question 9

common law JK

Answer 9

advocates reference no1 of 2000

Question 10

glebe refining co v Greenock harbour trs

Answer 10

scots law is not a matter of proof by evidence but argument by reference to legal authority. duty of advocate to refer court to all relevant authorities even those not supporting his case.

Question 11

English law within judicial know?

Answer 11

gen treated as foreign law and not within judicial knowledge

Question 12

EU within Judicial Know?

European communities act s.2(1) and s.3(2) 1972

Answer 12

Judicial knowledge shall be taken of the treaties of the EU and any of any opinion the EU will have to express an opinion on such q.

Question 13

kolbin & sons v kinnear

Answer 13

foreign law requires proof in Scottish courts including evidence from experts in the foreign system.

Question 14

emerald stainless steel ltd v south side distribution

Answer 14

if foreign law is not averred or proved the Scottish courts will apply scots law instead.

Question 15

Elliot v joicy

Answer 15

Exception to emerald case: in criminal matters

Question 16

perry v serious organised crime

Answer 16

exception as to emerald case in civil case

Question 17

treason act s.1

Answer 17

crimes construed in treason= judicial knowledge

Question 18

maintenance orders act 1950 s,22 . maintenance orders 1972 s.7, 9

Answer 18

part of Judicial knowledge reciprocal enforcement of maintenance orders

Question 19

child abduction and custody act 1980 sch1, art14 hague convention

Answer 19

part of judicial knowledge

Question 20

oliver v hislop

Answer 20

ordinary meaning of words sheriff in area of scot should have known the word. even so the words can be explained by context.

Question 21

IRC V Russel

Answer 21

the judge may consult with the dictionary.

Question 22

cieri &co v Sutton

Answer 22

words of technical meaning may require proof by evidence. contract of carriage court referred to evidence as to what was under the contract. the obscure terms that are commonly litigated should be in judicial knowledge

Question 23

Renoufs trs v haining

Answer 23

facts of history and public events. Acts of history and how they effected present day no need to explain.

Question 24

Harper v Great North of Scotland Railway co

Answer 24

Facts of nature and science.

clack bulls case have a tendency to be fierce within judicial knowledge.

Question 25

petto v HM advocate

Answer 25

facts of economic and social life: how tenement buildings were contructed setting fire at the bottom has risk to the top judicial knowledge.

Question 26

doyle v ruxton

Answer 26

facts of economic and social life: Carlsberg was of alcoholic strength a shop keeper needed a licence to sell it Judicial knowledge