Also known as: cognizable · cognizances · cognizably · jurisdiction · notice · knowledge
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A court's right and power to try and determine cases. This authority allows the court to adjudicate the dispute and render a binding judgment.
The taking of judicial or authoritative notice of a fact. The court accepts the fact as true without requiring formal proof because it is generally known or readily verifiable.
A court's right and power to try and determine cases. This authority allows the court to adjudicate the dispute and render a binding judgment.
Select any source to read its text and confirm it supports the definition.
The taking of judicial or authoritative notice of a fact. The court accepts the fact as true without requiring formal proof because it is generally known or readily verifiable.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Cody Callahan is arrested for taking a wallet by force from a victim on a city street. The state files charges in the county criminal court. That court exercises cognizance over the felony because the taking occurred within its territorial limits and the elements of force and intent are alleged.
Christopher Collins contracts to sell a parcel to Continental Bank. After the title search reveals an unreleased lien, the bank refuses to close. The trial court has cognizance of the bank's rescission claim because the contract concerns real property located in the county and the seller has a duty to deliver marketable title.
Caleb Chang, a naturalized citizen, sues a state agency in federal district court claiming the agency deprived him of property without due process. The district court has cognizance because the claim arises under the Fourteenth Amendment and the plaintiff resides in the district.
Christine Castro files a motion under Rule 12 in a federal action. The court denies the motion. The defendant must serve an answer within fourteen days after notice of the denial because the court retains cognizance over the case and the responsive pleading deadline is reset by the rule.
Charles Cunningham moves to disqualify the presiding judge on the ground that the judge has personal knowledge of disputed facts. The court must determine whether it still has cognizance or whether the bias rule requires recusal before the case proceeds.
Cognizance refers to a court's power to try and decide a case. Subject-matter jurisdiction is the specific statutory or constitutional grant that gives the court authority over the type of claim presented. A court must have both to proceed to judgment.
Supporting sources
No. Cognizance as jurisdiction arises from the court's institutional authority over the parties and subject matter. Cognizance as judicial notice may rest on facts generally known or verifiable, not on the judge's personal knowledge of disputed facts.
Supporting sources
Cassandra Cooper offers evidence that a particular intersection lies within the city limits. The trial court takes cognizance of that fact because it is generally known within the court's territorial jurisdiction and requires no further proof.
A court may take cognizance of an adjudicative fact that is generally known within the trial court's territorial jurisdiction or that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
…United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress…