scienter
Definitions
from The Century Dictionary and Cyclopedia
- noun In law, the clause in a complaint or indictment charging that, the defendant has knowledge which renders him responsible or guilty; also, the fact that the defendant has such knowledge.
- adverb In law, knowingly; wilfully.
Examples
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Missing the little element called scienter, or in lay terms, the requisite intent.
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Seems to me that the basic issue is corporate mens rea or scienter, which isn’t any bigger problem conceptually than corporate contracts whose enforcement requires intention to be bound.
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The agency alleged that Cuban acted with "scienter," a legal term indicating knowledge of wrongdoing.
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Goldman cannot have it both ways, as you note: either they are the smartest guys ever, and there is loads of scienter, or they were complete morons riding the same roller coaster as their clients and no one should give them money to manage.
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These courts held that without proof of scienter--guilty knowledge of Madoff's fraud--these firms could not be held liable, even if they ignored obvious red flags.
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To read knowingly (scienter) implies on the reader's part the knowledge that the book is the work of a heretic, that it defends heresy, and that it is forbidden.
The Catholic Encyclopedia, Volume 7: Gregory XII-Infallability
Note
The word 'scienter' comes from a Latin word meaning 'knowingly'.
