Scienter

Lat. Knowingly. The term is used in plcading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of or rather his previous knowledge of a state of facts which it was his duty to guard against, and his omission to do which has led to the injury complained of. The insertion of such an allegation is calied "laying the action (or indictment) with a scienter." And the term is frequently used to signify the defendant's guilty knowledge.