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.]
American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

scienter

(saɪˈɛntə)
adv
(Law) law knowingly; wilfully
[from Latin]
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014
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"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
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References in periodicals archive ?
Since the intermediate approach does not provide clear guidance on how to evaluate scienter, the various circuit courts applying it have developed different, and sometimes conflicting, approaches.
Misrepresentations and False Statements Have Scienter Requirement.
Instead, the court established that scienter, or intent, is a critical part of a Section 10(b) fraud claim, and thus its presence is necessary to establish the running of the statute of limitations.
how--notwithstanding its scienter requirement--securities fraud
3) Will it take into account scienter? 4) Will the policy carefully define offenses so that real differentiation may be made among incidents?
Further, unlike corporations where the duty of care includes the implied covenant of good faith, under the Delaware Limited Liability Company Act "[t]he implied covenant functions to protect [members'] expectations that the company and its board will properly perform the contractual obligations they have under the operative organizational agreements." Accordingly, to properly plead bad faith violations, Wood had to allege particularized facts showing MME's directors violated their contractual obligations in bad faith and with the requisite scienter.
According to Coke, "No one can be said to be an accessory after the fact, except he who knows that the Principal had committed the felony and receives and comforts him." (78) Hale defined aiding after the crime as "where a person knowing the felony to be committed by another receives, relieves, comforts or assists the felon." (79) Hale restricted this definition to felony crimes, (80) Like Coke and Hale, Blackstone's definition of aiding after the fact included a strong scienter requirement: "An accessory after the fact may be, where a person, knowing a felony to have been committed, recieves, [sic] relieves, comforts, or assists the felon.
First, Scalia noted, the scienter requirement--that the defendant must have acted "knowingly"--applies to every element of the statute.
(17) In Giorgetti, the Florida Supreme Court also recognized, however, that scienter is often necessary to comport with due process constraints.
The interpretive moves used to achieve this result, however, in practice create additional scienter requirements that are imperfect solutions for the problem of unsuspecting defendants.

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