scienter

American  

[sahy-en-ter] / saɪˈɛn tər /

noun

Law.

1. a mental state in which one has knowledge that one’s action, statement, etc., is wrong, deceptive, or illegal: often used as a standard of guilt.

   The court found that the company had the requisite scienter for securities fraud.

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adverb

Law.

1. knowingly or deliberately.

   His wife’s statements were made scienter.

scienter British  

/ saɪˈɛntə /

adverb

1. law knowingly; wilfully

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Etymology

Origin of scienter

First recorded in 1610–20; from Latin scienter “knowingly, consciously, skillfully, expertly,” from scient- (stem of sciēns ); see origin at science

Example Sentences

He said it is are that class action plaintiffs get summary judgment on falsity and scienter before going to a jury trial, scheduled in January.

From Reuters • May 11, 2022

Realistically, though, legislators typically will not excuse defendants who have sufficiently bad scienter.

From Forbes • Apr. 10, 2013

The SEC responded that Goldman had acted with scienter, or intent to commit securities fraud.

From BusinessWeek • Nov. 29, 2011

In legal circles, this theory sometimes is called collective scienter.

From BusinessWeek • Feb. 10, 2011

Nec debent jura juvare dominum contra voluntatem suam, quia semel voluit conventionem, et quamvis damnum sentiat, non tamen fit ei injuria et ex quo prudenter et scienter contraxit cum servo suo, tacite renunciavit exceptionem villenagii.'

From Villainage in England Essays in English Mediaeval History by Vinogradoff, Paul