Scienter - Law Dictionary Search Results
Home Dictionary Name: scienterScienter
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)....
scienter
scienter [Latin, knowingly, from scient- sciens, present participle of scire to know] 1 : knowledge 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 [the element constitutionally required for an obscenity statute "Wall Dist. v. Newport News, 323 S.E.2d 75 (1984)"] ;also : intent to engage in particular esp. criminal conduct [a few environmental statutes…do away altogether with the need to prove …requiring no proof of criminal intent whatsoever "R. J. Kafin et al."] 2 : a mental state in fraud (as securities fraud) that is characterized by an intent to deceive, manipulate, or defraud ...
knowledge
knowledge 1 a : awareness or understanding esp. of an act, a fact, or the truth : actual knowledge in this entry b : awareness that a fact or circumstance probably exists ; broadly : constructive knowledge in this entry see also scienter, willful blindness NOTE: Knowledge fundamentally differs from intent in being grounded in awareness rather than purpose. ac·tu·al knowledge 1 : direct and clear awareness (as of a fact or condition) [the bank had actual knowledge that the name and account number referred to different persons] 2 : awareness of such information as would cause a reasonable person to inquire further ; specif : such awareness considered as a timely and sufficient substitute for actual notice (as of a work-related injury or of a bankruptcy proceeding) [ruled that the employer did not have actual notice or actual knowledge within 90 days] con·struc·tive knowledge : knowledge (as of a condition or fact) that one using ordinary care or diligenc...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
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