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NeCede's

Maxim 9.4.11

Common knowledge includes matters of learning, experience, history, and facts of which judicial notice may be taken, and may be referred to in argument of counsel.

Source: Shelley v. Chilton's Adm'r, 32 S.W.2d 974, 977; 236 Ky. 221; Weisman, 17e Difficulty 4/5 — Advanced

Explanation

(English-origin maxim.) Matters of history, learning, and common experience fall within judicial notice and may be referenced by counsel in argument without the need for formal evidentiary proof.

Where this applies

  • A lawyer argues in court that the Great Fire of London happened in 1666 without producing a history textbook as evidence — the court accepts it as common knowledge that needs no formal proof.
  • An attorney mentions in argument that water freezes at 32 degrees Fahrenheit — this is a matter of common experience that the court can judicially notice without expert testimony.
  • A judge takes judicial notice that a particular date fell on a Sunday, since calendar facts are matters of common knowledge that courts may rely on without evidence.

Legal domains

Cite this maxim

NeCede Max. 9.4.11 — Common knowledge includes matters of learning, experience, history, and facts of which judicial notice may be taken, and may be referred to in argument of counsel. — Shelley v. Chilton's Adm'r, 32 S.W.2d 974, 977; 236 Ky. 221; Weisman, 17e

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