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In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
The person with actual knowledge must be in a position of authority and must fail to respond adequately to the situation. Constructive knowledge would require that a school district “knew or should have known” of the harassment and failed to address it. This doctrine was developed in the Supreme Court case Meritor Savings Bank v.
The harshness of the doctrine of constructive notice is somewhat reduced by the "Rule of Indoor management" or "Turquand's Rule". The rule derives its name from the case of Royal British Bank v Turquand, where the defendant was the liquidator of the insolvent Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company.
Thus the court will treat a person as having constructive knowledge of the facts if he wilfully shuts his eyes to the relevant facts which would be obvious if he opened his eyes, such constructive knowledge being usually termed (though by a metaphor of historical inaccuracy) "Nelsonian knowledge". Similarly the court may treat a person as ...
Constructivist learning theory states that all knowledge is constructed from a base of prior knowledge. As such, children are not to be treated as a blank slate, and make sense of classroom material in the context of his or her current knowledge. [3]
The knowledge requirement for contributory infringement is an objective assessment and stands fulfilled if the defendant has actual or constructive knowledge of an infringement, i.e., if he or she has reason to believe that an infringement is taking place. [4]
The causal theory of knowledge holds that the believed fact has to cause the true belief in the right way for the belief to amount to knowledge. [56] [37] [8] For example, the belief that there is a bird in the tree may constitute knowledge if the bird and the tree caused the corresponding perception and belief. The causal connection helps to ...
Constructivist psychology schools share assumptions about the active constructive nature of human knowledge. In particular, the critique is aimed at the "associationist" postulate of empiricism, "by which the mind is conceived as a passive system that gathers its contents from its environment and, through the act of knowing, produces a copy of ...