Scienter - Definition - Law Dictionary Home Dictionary Definition scienter

Definition :

Scienter [Lat.] (knowingly, wilfully). In an action of deceit, the scienter must be averred and proved. In case of injury to cattle and sheep by dogs, the proof of scienter of ferociousness, necessary at Common Law [see Cox v. Burbidge, (1863) 13 CBNS 430], is dispensed with by the Dogs Act, 1906, as amended by the Dogs Amendment Act, 1928. See DOG. In the case of animals naturally dangerous, it is immaterial whether the owner knew the individual beast to be mischievous. See ANIMALS.

Means knowledge of the nature of one's act or omission or of the nature of one's act or omission or of the nature of something in one's possession that is often a necessary element of an offense, Wall Dist. v. Newport News, 323 SE 2d 75 (1984).