scienter

Defined in 7 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Kinney (1893), Anderson (1889), Stimson (1881), Abbott (1879)

Definitions from Case Law

From 361 U.S. 147 - Smith v. People of the State of California · 1959Most cited · 2,285 citing opinions

knowledge by appellant of the contents of the book

Show all 4 Supreme Court definitions and how they changed over time 1917–1966

Ballentine's Law Dictionary

James A. Ballentine · 1916

The knowledge or reasonable cause to know on the part of the owner or keeper of a vicious animal of the animal’s vicious propensities.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

A Law Dictionary and Glossary

George C. Kinney · 1893

I. I. Knowingly; with knowledge. The word is used in pleading to express knowledge of certain facts essential to a valid ground-i of complaint, and also as the name of that part of a declaration orindictment in which such knowledge is charged. Scienti et volenti non lit injuria, I. An injury is not done to one who ■ knows and wills it

A Dictionary of Law

William C. Anderson · 1889

See Scire, Scienter.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

Knowingly was aware of make him liable;

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

Knowingly; with knowledge. In the Latin forms of declarations and indictments, scienter was the formal and emphatic word used to express knowledge, on the part of a defendant, of certain facts, knowledge of which was an essential part of the wrong or crime charged upon him. Hence it was frequently used, substantively, as the name of that clause of a pleading or indictment which charged such knowledge. Inserting such a clause was called laying the action or the indictment with a scienter. Hence the word, retaining these meanings, has also come to signify, most often, the guilty knowledge itself. Thus, in a criminal prosecution for passing counterfeit money, the word scienter designates both the knowledge of the character of the money which is necessary to constitute the crime, and the averment of such knowledge in the indictment. Scientla utrimque par pares contraheatea facit. Equal knowledge on both sides makes contracting parties equal. Thus a person applying for insurance need not mention what the underwriter knows, or what he ought to know.