Also known as: knowledge · information
Written by attorneys · grounded in primary & secondary sources — see below
A state of awareness or possession of facts by a person or entity. This awareness triggers specific legal duties, rights, or disqualifications when the facts relate to a transaction, proceeding, or representation.
Kevin Kane contracted to purchase land from Kinetic Solutions. Before closing, Kevin learned of an unreleased lien on the property through a title search. Kevin nevertheless accepted the deed and paid the purchase price in full. When Kevin later sought rescission, the court held that his acceptance with knowledge of the lien waived any claim that title was unmarketable.
The President acquired detailed knowledge of economic conditions and foreign developments. Because the Constitution imposes a duty to inform Congress when such facts are known, the President prepared and delivered the required message. Congress then considered recommended measures without delay.
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Krypton Industries was served with a complaint alleging it had diverted customer funds. Its answer denied the allegations because the company lacked access to the relevant bank records at the time of filing. The denial was expressly based on a lack of information, satisfying the requirements for a qualified response.
Kiara Kaur requested that the court take judicial notice of a published government report showing the date a statute took effect. She supplied the court with a certified copy of the report. The court granted the request and applied the noticed fact to resolve a statute-of-limitations defense.
Judge Kimberly Knox had served as lead investigator in a regulatory proceeding involving the same parties now before her. She possessed detailed personal knowledge of disputed facts from that investigation. The judge recused herself to avoid any appearance of bias.
Kwame Kofi left government service after acquiring confidential data about a regulated company during an enforcement investigation. He later joined a firm asked to represent a competitor in litigation against that company. The firm screened Kwame and declined the representation because the information could materially disadvantage the former subject.
A party may deny factual contentions when the denial is warranted on the evidence or is reasonably based on belief or a lack of information. The denial must be made after reasonable inquiry under the circumstances.
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A judge must recuse when the judge has personal knowledge of facts that are in dispute in the proceeding. This knowledge must be firsthand and relate directly to contested issues rather than general background information.
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A buyer who accepts title with full knowledge of a defect generally waives the right to claim that title is unmarketable. The buyer may still pursue other remedies if the contract expressly preserves them or if the defect involves fraud.
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A former government lawyer may not represent a private client adverse to a person about whom the lawyer possesses confidential government information acquired during public service if that information could be used to the material disadvantage of that person. Screening within the firm may permit continued representation by others.
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A party requesting judicial notice must supply the court with the necessary information establishing that the fact is not subject to reasonable dispute. Once supplied, the court must take notice if the request is timely and proper.
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Marbury v. Madison <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to…