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 ); science

Example Sentences

The law “imposes a presumption of scienter,” or knowledge that one’s actions are wrong, Baskervill wrote.

From Washington Post

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

But unlike two class-action suits brought this week alleging that Musk’s funding claims were misleading, a SEC action would not have to prove “scienter” – an intent to defraud or extreme recklessness – to prevail.

From The Guardian

Yet proving scienter, or the intent or knowledge of wrongdoing, has been a staple requirement of British and American law for centuries lest innocent mistakes be prosecuted as intentional frauds.

From The Wall Street Journal

Federal securities fraud under SEC rules require a showing of scienter, a legal term for intent or knowledge of wrongdoing.

From Reuters