scienter
/sai'entə/
Học thuậtThân thiện
Definition
- 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
- (law) deliberately or knowingly