knowledge

Acquaintance with fact or truth. People v. Henry, 23 Cal.App.2d 155, 72 P.2d 915, 921.

It has also been defined as act or state of knowing or understanding, Witters v. U. S., 70 App.D.C. 316, 106 F.2d 837, 840;

actual knowledge, notice or information, New York Underwriters Ins. Co. v. Central Union Bank of South Carolina, C.C.A.S.C., 65 F.2d 738, 739;

assurance of fact or proposition founded on perception by senses, or intuition; clear perception of that which exists, or of truth, fact or duty; firm belief, Witters v. U. S., 70 App.D.C. 316, 106 F.2d 837, 840;

guilty knowledge, Goldsworthy v. Anderson, 92 Colo. 446, 21 P.2d 718;

information of fact, Green v. Stewart, 106 Cal.App. 518, 289 P. 940, 944;

means of mental impression, Howard v. Whittaker, 250 Ky. 836, 64 S.W.2d 173;

miscellaneous information and circumstances which engender belief to moral certainty or induce state of mind that one considers that he knows, Wise v. Curdes, 219 Ind. 606, 40 N.E.2d 122, 126;

notice or knowledge sufficient to excite attention and put person on guard and call for inquiry, Iberville Land Co. v. Amerada Petroleum Corporation, C.C.A.La., 141 F.2d 384, 389;

personal cognizance or knowledge or means of knowledge, The Chickie, D.C.Pa., 54 F.Supp. 19, 20; state of being or having become aware of fact or truth, Howard v. Whittaker, 250 Ky. 836, 64 S.W.2d 173.

In commercial law, the level of a person's awareness of information at which the person actually knows the information.

See U.C.C. No. 1-201(25).

When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist. Model Penal Code, No. 2.202.

Knowledge consists in the perception of the truth of affirmative or negative propositions, while "belief admits of all degrees, from the slightest suspicion to the fullest assurance. The difference between them is ordinarily merely in the degree, to be judged of by the court, when addressed to the court; by the jury, when addressed to the jury.

See also constructive knowledge

- imputed knowledge

- knowingly

- notice

- scienter.

@ actual knowledge

Positive, in contrast to imputed or inferred, knowledge of a fact. Roberts Const. Co. v. Brown, 272 Ala. 440, 131 So.2d 710, 712.

For notice purposes, "actual knowledge" embraces those things of which the one sought to be charged has express information and those things which a reasonably diligent inquiry and exercise of the means of information at hand would have disclosed. Morris v. Reaves, Tex.Civ.App., 580 S.W.2d 891, 893.

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Agency relationship.

Unless the parties have otherwise agreed, a principal or agent, with respect to the other, should know what a person of ordinary experience and intelligence would know, and in addition, what he would know if, having the knowledge and intelligence which he has or which he purports to have, he were to use due care in the performance of his duties to the other. Restatement, Second, Agency, No. 10.

@ carnal knowledge

Coitus; copulation; the act of a man having sexual bodily connections with a woman; sexual intercourse. Carnal knowledge of a child is unlawful sexual intercourse with a female child under the age of consent. It is a statutory crime, usually a felony. Such offense is popularly known as "statutory rape".

See rape.

While penetration is an essential element, there is "carnal knowledge" if there is the slightest penetration of the sexual organ of the female by the sexual organ of the male. State v. Cross, 200 S.E.2d 27, 29.

It is not necessary that the vagina be entered or that the hymen be ruptured; the entering of the vulva or labia is sufficient. De Armond v. State, Okl.Cr., 285 P.2d 236.

@ knowledge of another's peril

One has "knowledge of peril of another," within doctrine of discovered peril, whenever it reasonably appears from the known facts and circumstances that the latter is pursuing a course which will probably terminate in serious bodily injury to him, and that he probably will pursue it to the end.

@ personal knowledge

Knowledge of the truth in regard to a particular fact or allegation, which is original, and does not depend on information or hearsay. Personal knowledge of an allegation in an answer is personal knowledge of its truth or falsity; and if the allegation is a negative one, this necessarily includes a knowledge of the truth or falsity of the allegation denied. In the law of evidence means something which the witness actually saw or heard, as distinguished from something he learned from some other person or sources. Hidalgo v. General Fire & Cas. Co., La.App., 254 So.2d 493, 496.

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