KNOWLEDGE

knowledge. 1. An awareness or understanding of a fact or circumstance; a state of mind in

which a person has no substantial doubt about the existence of a fact. Cf. INTENT(1); NOTICE(1),

(2); SCIENTER.

“It is necessary … to distinguish between producing a result intentionally and producing it knowingly. Intention and knowledge commonly go together, for he who intends a result usually

knows that it will follow, and he who knows the consequences of his act usually intends them. But there may be intention without knowledge, the consequence being desired but not foreknown as certain or even probable. Conversely, there may be knowledge without intention, the consequence being foreknown as the inevitable concomitant of that which is desired, but being itself an object of repugnance rather than desire, and therefore not intended. When King David ordered Uriah the Hittite to be set in the forefront of the hottest battle, he intended the death of Uriah only, yet he knew for a certainty that many others of his men would fall at the same time and place.” John Salmond, Jurisprudence 380–81 (Glanville L. Williams ed., 10th ed. 1947).

“ ‘Knowingly’ or ‘knowledge’ has a broad sweep when used in connection with the element of a crime, and an untrue representation has been ‘knowingly’ made if by one who knows it is untrue, believes it is untrue or is quite aware that he has not the slightest notion whether it is true or not.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 379 (3d ed. 1982).

“[B]ecause there are several areas of the criminal law in which there may be good reason for distinguishing between one’s objectives and [one’s] knowledge, the modern approach is to define separately the mental states of knowledge and intent …. This is the approach taken in the Model Penal Code [§ 2.02(2)(a) & (b)].” Wayne R. LaFave & Austin W. Scott Jr., Criminal Law 218 (2d ed. 1986).

actual knowledge. 1. Direct and clear knowledge, as distinguished from constructive knowledge <the employer, having witnessed the accident, had actual knowledge of the worker’s injury>. — Also termed express actual knowledge. 2. Knowledge of such information as would lead a reasonable person to inquire further <under the discovery rule, the limitations period begins to run once the plaintiff has actual knowledge of the injury>. — Also termed (in sense 2) implied actual knowledge.

“The third issue in section 523(a)(3) is the meaning of ‘notice or actual knowledge.’ Under the Uniform Commercial Code knowledge means actually knowing something; notice means having received information from which one could infer the existence of the relevant fact. What the adjective ‘actual’ adds to the idea of ‘knowledge’ is unclear.” David G. Epstein et al., Bankruptcy § 7-27, at 516 (1993).

common knowledge.See COMMON KNOWLEDGE.

constructive knowledge.Knowledge that one using reasonable care or diligence should have, and therefore that is attributed by law to a given person <the court held that the partners had constructive knowledge of the partnership agreement even though none of them had read it>.

express actual knowledge.See actual knowledge (1).

firsthand knowledge.See personal knowledge.

implied actual knowledge.See actual knowledge (2).

imputed knowledge.Knowledge attributed to a given person, esp. because of the person’s legal responsibility for another’s conduct <the principal’s imputed knowledge of its agent’s dealings>.

personal knowledge.Knowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said. • Rule 602 of the Federal Rules of Evidence requires lay witnesses to have personal knowledge of the matters they testify about. An affidavit must also be based on personal knowledge, unless the affiant makes it clear that a statement relies on “information and belief.” — Also termed firsthand knowledge. [Cases:

Witnesses 37(2). C.J.S. Witnesses § 95.]

reckless knowledge.A person’s awareness that a prohibited circumstance may exist,

regardless of which the person accepts the risk and goes on to act.

scientific knowledge.Evidence. Knowledge that is grounded on scientific methods that have been supported by adequate validation. • Four primary factors are used to determine whether evidence amounts to scientific knowledge: (1) whether it has been tested; (2) whether it has been subject to peer review and publication; (3) the known or potential rate of error; and (4) the degree of acceptance within the scientific community. See DAUBERT TEST; SCIENTIFIC METHOD. [Cases: Criminal Law 486; Evidence 555. C.J.S. Criminal Law § 1080; Evidence §§ 597–598,

601, 649, 652, 713.]

superior knowledge.Knowledge greater than that had by another person, esp. so as to adversely affect that person <in its fraud claim, the subcontractor alleged that the general contractor had superior knowledge of the equipment shortage>. [Cases: Fraud 17; Negligence 1088, 1286(2). C.J.S. Negligence §§ 484–486, 500, 539, 545, 557–559, 563, 634.]

2.Archaic. CARNAL KNOWLEDGE.

[Blacks Law 8th]