Judicial Knowledge in Scottish Courts

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Questions and Answers

What type of evidence is not required for judicial matters concerning Acts of the Westminster Parliament enacted after 1850?

Judicial notice is taken of these Acts, meaning they do not require proof by evidence.

Explain the significance of the Criminal Procedure (Scotland) Act 1975, section 279A(3) regarding statutory instruments.

It allows statutory instruments to be accepted as evidence without the need for witness testimony.

Define 'customary international law' in the context of Scots law.

Customary international law is considered part of Scots law and does not require evidence for proof.

How does the principle of judicial notice apply to matters of fact?

Judicial notice involves recognizing notorious facts without inquiry or requiring evidence for well-known facts. Signup and view all the answers

Under what condition must foreign law be proven in a Scottish court?

Foreign law must be proven as a matter of fact if it is going to be applied in a case. Signup and view all the answers

What does the case R v Luffe (1807) illustrate about notorious facts?

It demonstrates that some facts, like human gestation periods, are so widely recognized that debate over them is pointless. Signup and view all the answers

What is the presumed relationship between foreign law and Scots law?

Foreign law is presumed to be identical to Scots law unless differences are both averred and proven. Signup and view all the answers

What is meant by 'notice after inquiry' in judicial knowledge?

It refers to recognizing facts that, while not notorious, have been investigated and confirmed. Signup and view all the answers

What are some examples of facts that may fall under judicial knowledge?

Historical events, natural facts, and well-known brand names. Signup and view all the answers

In which case was it determined that a court could take judicial notice of a foreign government's status?

Duff Development Co v Government of Kelantan (1924). Signup and view all the answers

What is meant by 'notorious' facts in the context of judicial knowledge?

'Notorious' facts are widely recognized and accepted by the public as true without the need for further evidence. Signup and view all the answers

Why must foreign law be proven by evidence, unlike matters of international or European law?

Foreign law requires evidence because it may not be within judicial knowledge due to its variance across different jurisdictions. Signup and view all the answers

How did the case of Grieve v Hillary (1987) differ from Doyle v Ruxton (1999)?

Grieve v Hillary involved a 'little known' brand requiring evidence for alcoholic content, while Doyle v Ruxton suggested well-known brands' alcoholic strength was within judicial knowledge. Signup and view all the answers

What does the Glebe Sugar Refining Co Ltd v Greenock Harbour Trustees (1921) case imply about parties' responsibilities in court?

Parties are obliged to present relevant legal materials to the court for consideration. Signup and view all the answers

According to Hattie v Leitch (1889), how should judicial knowledge be differentiated from personal knowledge of a judge?

Judicial knowledge relies on established facts and sources, while personal knowledge involves the judge's private experiences or examinations. Signup and view all the answers

What role do dictionaries and textbooks play in judicial knowledge?

They serve as reference sources to establish facts that may not be commonly known. Signup and view all the answers

Study Notes

Judicial Knowledge in Scottish Courts

Judicial knowledge allows a court to accept certain facts or legal matters as proven without formal evidence.
This doesn't mean the court automatically knows, but they can be informed and research to confirm.

Matters within Judicial Knowledge (Examples)

Law: Acts of Westminster Parliament (after 1850), Scottish Parliament Acts, European Community Treaties, Scottish court decisions, common law rules (including customary international law). Acts before 1850 and statutory instruments are potentially within judicial knowledge, but less certain.
Statutory Instruments: Criminal Procedure (Scotland) Act 1975, s 279A(3) allows copies to be evidence without witness testimony.
Foreign Law Presumption: Foreign law is presumed identical to Scots law unless different or admitted by parties.
Foreign Court Decisions: Foreign court decisions can inform the court but aren't legally binding unless proven fact.

Matters of Fact within Judicial Knowledge

Notorious Facts: Facts universally accepted are "notorious" - e.g., a fortnight isn't enough time for a human pregnancy.
Established Facts: Courts can consider sources like dictionaries, textbooks to establish facts (e.g., foreign government status, scientific or historical facts).
Examples of Facts: History, public events, natural/scientific facts, and technical facts (specific devices, alcohol content of certain drinks). Specific examples include: pregnancy length, the tame nature of camels, or the alcohol content and approved testing use of devices.

Essential Considerations

Duty of Parties: Parties in a case must bring relevant legal materials to the judge's attention.
Difference between Judicial and Personal Knowledge: A judge's personal observations are different from judicial knowledge.

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Description

Explore the concept of judicial knowledge in Scottish courts and how certain facts can be accepted without formal evidence. This quiz covers the sources of judicial knowledge, including Acts of Parliament, statutory instruments, and the treatment of foreign law and court decisions.