Also known as:knowingly · knowingly committed · knowing violation · scienter · knowledge
Written by attorneys · grounded in primary & secondary sources — see below
A state of mind consisting of actual awareness of a fact or circumstance.
Sources & Authorities· 40 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
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Accessory After Felony
After Karl Klein robbed a bank, Keisha Kincaid learned of the crime from news reports and then hid Klein in her garage while police searched the area. Kincaid's awareness that the felony had occurred allowed the prosecutor to charge her as an accessory after the fact when she drove Klein to a bus station the next morning.
Unmarketable Title Dispute
Kaiser Dynamics contracted to sell land to Keystone Capital. A recorded easement appeared in the chain of title that Keystone Capital discovered during its pre-closing review. Because Keystone Capital possessed full knowledge of the encumbrance, it properly refused to close and demanded rescission.
Summary Judgment Affidavit
Kylie Kerr submitted an affidavit opposing a motion for summary judgment. The affidavit recited events she personally observed at the accident scene. The court accepted the statements because they rested on her direct awareness rather than hearsay or speculation.
Prior Acts Evidence Ruling
The prosecution offered evidence that Kenneth King had previously used a similar alias when cashing forged checks. The court admitted the evidence to prove that King possessed knowledge of the current scheme's fraudulent nature rather than to show bad character.
Judicial Recusal Motion
Kiara Kaur moved to disqualify the presiding judge in her contract dispute. The judge had previously represented one of the parties and therefore possessed personal knowledge of disputed facts about the formation of the agreement. The motion succeeded on that ground.
Competent Representation Claim
Khalil Kabir accepted a complex securities-fraud defense without reviewing the relevant statutes or recent case law. His client later claimed ineffective assistance because Kabir lacked the legal knowledge reasonably necessary to prepare an adequate defense strategy.
Common questions
Frequently Asked
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How does actual awareness differ from constructive knowledge in criminal accessory liability?+
Actual awareness requires the defendant to have learned that the felony occurred, as opposed to merely having reason to know. The accessory-after-the-fact rule therefore turns on whether the defendant possessed that awareness when providing assistance.
Supporting sources
When does a buyer's knowledge of a title defect prevent rescission?+
A buyer who possesses full knowledge of an encumbrance before closing cannot later claim the title is unmarketable unless the contract expressly preserves that right. The marketability rule therefore treats informed acceptance as a waiver.
What must an affidavit contain to satisfy the personal-knowledge requirement on summary judgment?+
The affiant must set out facts drawn from direct awareness and must be competent to testify about those facts. Statements based on speculation or second-hand reports fail the rule.
Supporting sources
How is knowledge used as a non-character purpose under Rule 404(b)?+
Evidence of prior acts may be admitted when it tends to prove the defendant possessed knowledge of a scheme or method, provided the evidence is offered for that limited purpose rather than to show propensity.
Supporting sources
When does a judge's personal knowledge of disputed facts require recusal?+
A judge must step aside if the judge has actual awareness of facts that are genuinely contested in the proceeding. The rule protects the appearance of impartiality by removing judges who already know the underlying events.
Supporting sources
What level of legal knowledge satisfies the duty of competent representation?+
A lawyer must possess the knowledge and skill reasonably necessary for the particular matter, including familiarity with controlling law and procedure. Accepting a case without that foundation violates the competence rule.
Supporting sources
Family LawParent, child, and state · Custodial disputes between parents and third partiesUBEFoundational