Definition

1. Adverb:
   • Deliberately or knowingly: In legal contexts, "scienter" describes an action done with a guilty knowledge or willful intent, meaning the person was aware that their conduct was wrongful or that certain facts existed.

Usage

• Adverb:
  • The term "scienter" is almost exclusively used in legal language to specify the mental state of intent or knowledge, which is often a required element to establish liability in crimes or torts.
  • It is typically used in formal legal writing, court opinions, and statutes.

Examples

• Adverb:
  • The prosecution must prove the defendant acted scienter to secure a conviction for fraud.
  • The statute requires a showing of scienter, meaning mere negligence is insufficient.

Advanced Usage

• As a noun: While primarily an adverb in the provided definition, in broader legal usage, "scienter" can also function as a noun meaning "a degree of knowledge that makes a person legally responsible for the consequences of their act."
  • The plaintiff alleged scienter on the part of the corporate officers.

Variants and Related Words

• Scienter (noun): The legal concept of intent or knowledge as an element of a cause of action.
  • The court examined the issue of scienter in the securities fraud case.

Synonyms

• Knowingly
• Willfully
• Intentionally
• Deliberately

Related Legal Terms and Phrases

• Mens rea: A broader legal term for a "guilty mind" or criminal intent, of which scienter is a specific type.
  • Mens rea encompasses various mental states, including scienter.
• With intent: A common phrase similar in meaning to acting "scienter."
  • He acted with intent to deceive.

Adverb

1. (law) deliberately or knowingly