scienter


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sci·en·ter

 (sī-ĕn′tər)
n. Law
Knowledge that one's actions are wrong or contrary to law, where such knowledge is an element of a criminal offense or a basis for liability.

[Latin, knowingly, consciously, from sciēns, scient-, present participle of scīre, to know; see science.]

scienter

(saɪˈɛntə)
adv
(Law) law knowingly; wilfully
[from Latin]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Adv.1.scienter - (law) deliberately or knowingly
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
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References in periodicals archive ?
The Court held, with respect to Simpson Thachers clients, that plaintiffs allegations of scienter were inadequate and fiduciary claims were barred by the exculpatory provision in the parties contracts.
In the months following the Escobar decision, numerous courts have focused on the "materiality" requirement for FCA allegations and scienter showings.
addressed the standards for materiality and scienter under section 10(b)
States differ in the scienter requirements (67) for each HIV exposure law.
As for any other actions based on a false statement of one of the offering participants, the tort of deceit requires, among other things, that the claimant show that the statement was made with scienter and that the claimant relied on the statement in deciding to purchase the security.
2) Scienter is an essential element in Rule 10b-5 and courts often apply it to determine whether a corporation is liable for the actions of its chief executive officer (CEO).
Brody said, "The statute does not specify what constitutes a wrongful seizure or what level of scienter will be required to impose liability, so it remains to be seen how the courts will determine when a plaintiff should be held civilly liable for such a wrongful or excessive seizure.
By holding that a good faith belief that the relevant patent is invalid does not negate the scienter requirement for active inducement, Commil represents a step away from the Court's policy preference of encouraging patent validity challenges in courts, as previously articulated in Lear, Inc.
26) The elements of scienter, reliance, economic loss, and loss causation were omitted--not surprising for a rule originally adopted in an afternoon to empower the government to go after fraudsters.
Although one might think that willfulness requires something more than mere scienter--for which recklessness may suffice--the caselaw is far from clear in part because scienter is a judge-made requirement borrowed from the common law of intentional torts.
struggled to interpret the scienter requirements for many of its

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