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Intent or knowledge of wrongdoing
In law, scienter (/saɪˈɛntər/, Law Latin for "knowingly", Latin pronunciation: [skiˈɛntɛr], from Latin scire 'to know, to separate one thing from another')
Scienter
Regulation of United States Securities and Exchange Commission
(iii) "In Connection With" the purchase or sale of securities, and (iv) Scienter. Private plaintiffs have the additional burden of establishing (v) Standing
SEC_Rule_10b-5
State of mind which must accompany some crimes to make them illegal
constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing. Intent is defined in English law by
Intention_(criminal_law)
U.S. federal statute also known as PSLRA
a "material misrepresentation or omission"; the defendant acted with "scienter", a "wrongful state of mind" (typically understood to mean that the defendant
Private Securities Litigation Reform Act
Private_Securities_Litigation_Reform_Act
2023 United States Supreme Court case
Supreme Court case in which the Court held that the False Claims Act's scienter element, which requires a defendant to "knowingly" give a "false" claim
United States ex rel. Schutte v. Supervalu Inc.
United_States_ex_rel._Schutte_v._Supervalu_Inc.
2007 United States Supreme Court case
the Private Securities Litigation Reform Act of 1995's requirement of scienter in a civil action in apply to Tellabs and Makor Issues & Rights. The various
Tellabs, Inc. v. Makor Issues & Rights, Ltd.
Tellabs,_Inc._v._Makor_Issues_&_Rights,_Ltd.
"CIC 1917: text – IntraText CT". intratext.com. "18. «Fidelis vero, qui scienter omiserit eum, a quo sollicitatus fuerit, intra mensem denuntiare contra
Catholic Church sexual abuse cases
Catholic_Church_sexual_abuse_cases
1998 United States copyright law
The section does not include a fair use exemption from criminality nor a scienter requirement, so criminal liability could attach to even unintended circumvention
Digital Millennium Copyright Act
Digital_Millennium_Copyright_Act
Term for an inherently illegal act
without extrinsic proof of any surrounding circumstances such as lack of scienter (knowledge) or other defenses. Acts are made illegal per se by statute
Illegal_per_se
trespass is similar to, but conceptually distinct from, the old common law scienter action in relation to strict liability for animals which are known to be
Cattle_trespass
1951 United States Supreme Court case
in such a way as to punish those individuals who lacked scienter, and assumed that scienter was implicit in the ordinance. The decision of the District
Garner v. Board of Public Works
Garner_v._Board_of_Public_Works
1994 United States Supreme Court case
July 19, 1986. Retrieved May 27, 2021. Egan, Christina (1996). "Level of Scienter Required for Child Pornography Distributors: The Supreme Court's Interpretation
United States v. X-Citement Video, Inc.
United_States_v._X-Citement_Video,_Inc.
United States federal law
and the Fourth Amendment. It also commented on the notion of bad faith (scienter) being a requirement for conviction even under 793(e); an "honest mistake"
Espionage_Act_of_1917
16th-century statue of the Virgin Mary in Argentina
inane fieri, si quidquam secus super his, a quovis, auctoritate qualibet, scienter sive ignoranter attentari contigerit. Contrariis non obstantibus quibuslibet
Our_Lady_of_Luján
1959 United States Supreme Court case
as a criminal offense, but not without proof of the scienter. What constitutes proof of the scienter was something that troubled the court, but it was established
Smith_v._California
Trading using nonpublic information
(or caused trading) whilst having inside information, and there is no scienter requirement under UK law. Japan enacted its first law against insider trading
Insider_trading
American-Antiguan financial fraudster
Stanford carried out the fraud for over a decade "with a high degree of scienter," or knowledge that what he was doing was illegal. Stanford filed a 299-page
Allen_Stanford
List of Latin terms used in legal terminology
Defamation against a peer in British law. Now repealed as a specific offense. scienter knowingly Used when offenses or torts were committed with the full awareness
List_of_Latin_legal_terms
American businessman
SEC had failed to demonstrate that Schroeder "possessed the degree of scienter sufficient to impose a five year director bar." Schroeder graduated from
Kenneth_L._Schroeder
Israeli software company
Court noted that plaintiff had failed to establish a strong inference of scienter and failed to plead facts showing a primary violation of the securities
Mind_CTI
1941 United States Supreme Court case
the Fifth or Sixth Amendments. Sections 1(b) and 2 require "bad faith" (scienter). The defendant must have "intent or reason to believe that the information
Gorin_v._United_States
Pakistani terrorist (1953–2024)
actual notice of the complaints against them. The court ruled Cheema's scienter (intent) was proven when he trained and oversaw the attackers, and it was
Azam_Cheema
1962 United States Supreme Court case
addressed the issue of scienter in the statute. In Section 1461, Congress made it clear that the act of mailing materials implied scienter: "Whoever knowingly
Manual Enterprises, Inc. v. Day
Manual_Enterprises,_Inc._v._Day
Concept in American constitutional law
to approach and handle a case. See also Kolender v. Lawson (1983). Both scienter and objective criteria that specify the harm to be protected against are
Vagueness_doctrine
2011 United States Supreme Court case
material nor statistically significant, and that respondents failed to allege scienter. Respondents appealed to the Court of Appeals for the Ninth Circuit, which
Matrixx Initiatives, Inc. v. Siracusano
Matrixx_Initiatives,_Inc._v._Siracusano
conscious, conscientious, omniscious, omniscient, prescient, science, scienter scind-, sciss- split Latin scindere rescind, scissors scler- hard Greek
List of Greek and Latin roots in English/P–Z
List_of_Greek_and_Latin_roots_in_English/P–Z
2013 United States Supreme Court case
court held that the term "defalcation" in the Bankruptcy Code includes a scienter requirement involving knowledge of, or gross recklessness in respect to
Bullock v. BankChampaign, N.A.
Bullock_v._BankChampaign,_N.A.
2012 United States Supreme Court case
never be more than the cost of obtaining insurance; the penalty had no scienter element typical of punitive statutes; and while the penalty was collected
National Federation of Independent Business v. Sebelius
National_Federation_of_Independent_Business_v._Sebelius
Mom can plead "fraud in the inducement." Extrinsic fraud Fraud Per minas Scienter Intrinsic Fraud reference United States v. Throckmorton, 98 U.S. 61, 66
Intrinsic_fraud
Landmark House of Lords decision on tort law
the tort of chattel trespass and the tort of nuisance, as well as the in scienter action, injury by a domesticated animal known to have a disposition to
Rylands_v_Fletcher
States 575 U.S. ___ (2015) federal crime against communicating threat • scienter Scalia, Kennedy, Ginsburg, Breyer, Sotomayor, Kagan Alito Thomas 409 Zivotofsky
2014 term United States Supreme Court opinions of John Roberts
2014_term_United_States_Supreme_Court_opinions_of_John_Roberts
American legal case
Sulphur's negligence standard for 10b-5 violations, the Court required "scienter" be shown. On the other hand, the Supreme Court followed Texas Gulf Sulphur
SEC_v._Texas_Gulf_Sulphur_Co.
Mental state denoting commitment to act
Intentional stance Intentionality Intentions (disambiguation) Motivation Scienter Telos (philosophy) Honderich, Ted (2005). "Intention". The Oxford Companion
Intention
1922 United States Supreme Court case
when they deviate from that course, a payment is enacted. Taft said, "Scienters are associated with penalties, not with taxes." "[A] court must be blind
Bailey v. Drexel Furniture Co.
Bailey_v._Drexel_Furniture_Co.
List of court cases
conscious fault required in 10b-5 private damage actions: The ghost of scienter haunts the Tenth Circuit". Utah Law Review. 1975 (1): 246–263. Retrieved
List of United States Court of Appeals for the Tenth Circuit cases
List_of_United_States_Court_of_Appeals_for_the_Tenth_Circuit_cases
common law torts relating to cattle trespass and to the old common law scienter action with respect to animals which are ferae naturae or otherwise known
Animals_Act_1971
According to Ernst & Ernst v. Hochfelder, plaintiffs must show proof of scienter (the intent to deceive, manipulate, or defraud). In order to avoid liability
Legal liability of certified public accountants
Legal_liability_of_certified_public_accountants
Book by René Daumal
characters are termed Anthographers, Fabricators of useless objects, Scienters, Nibblists, Clarificators, and other absurd titles. Yet the inhabitants
A_Night_of_Serious_Drinking
By means of menaces or threats
Coercion Contract law Criminal law Duress Intimidation Intrinsic fraud Fraud Scienter Self-defense Clickdocs web site List of Latin legal phrases. Kilbrandon
Per_minas
1773 English tort law case
held, that trespass lay: and, 2 LEV 172 . . . that it need not be laid scienter. I look on all that was done subsequent to the original throwing as a continuation
Scott_v_Shepherd
1982 United States Supreme Court case
O'Connor asked Williams if he had interpreted the ordinance to include a scienter requirement. No, he told her, whereupon she asked him to explain what intent
Hoffman Estates v. The Flipside, Hoffman Estates, Inc.
Hoffman_Estates_v._The_Flipside,_Hoffman_Estates,_Inc.
1934 • securities fraud • statute of limitations • discovery rule and scienter Roberts, Kennedy, Ginsburg, Alito, Sotomayor Stevens Scalia 410 Salazar
2009 term United States Supreme Court opinions of Stephen Breyer
2009_term_United_States_Supreme_Court_opinions_of_Stephen_Breyer
Schutte v. Supervalu Inc. 21–1326 June 1, 2023 The False Claims Act's scienter element, which requires a defendant to "knowingly" give a "false" claim
List of United States Supreme Court cases, volume 598
List_of_United_States_Supreme_Court_cases,_volume_598
American law school dean
Law Rev. 335 (2015) (with J. Wunderlich) Messy Mental Markers: Inferring Scienter from Core Operations in Securities Fraud Litigation, 73 Ohio St. L.J. 507
Michael_J._Kaufman
American judge (born 1944)
predictions turn out to be wrong in hindsight is insufficient to establish scienter. Judge Jacobs also held that the requisite motive to give rise to an inference
Dennis_Jacobs
South African legal case
was therefore submitted by the State that it was not necessary to prove scienter of such viciousness before liability could be attached to a person having
S_v_Fernandez
federal firearms laws • firearm possession by alien in country illegally • scienter Thomas Breyer 219 North Carolina Dept. of Revenue v. Kimberley Rice Kaestner
2018 term United States Supreme Court opinions of Samuel Alito
2018_term_United_States_Supreme_Court_opinions_of_Samuel_Alito
American poet
David Robert Books; (February 1, 2012), ISBN 9781936370627 Dissonance, Scienter Press; (December 1, 2009), ISBN 978-0-9776960-8-6 Gardening in a Time of
Maryann_Corbett
for determining whether a plaintiff has alleged a "strong inference" of scienter under the PSLRA Morse v. Frederick 551 U.S. 393 (2007) free speech rights
List of United States Supreme Court cases by the Roberts Court
List_of_United_States_Supreme_Court_cases_by_the_Roberts_Court
conscious, conscientious, omniscious, omniscient, prescient, science, scienter scind-, sciss- split Latin scindere rescind, scissors scler- hard Greek
List of Greek and Latin roots in English/S
List_of_Greek_and_Latin_roots_in_English/S
2010 United States Supreme Court case
that the pre-November 2001 events did not suggest that Merck acted with scienter, an element of a §10(b) violation, and consequently did not commence the
Merck_&_Co._v._Reynolds
federal firearms laws • firearm possession by alien in country illegally • scienter Roberts, Ginsburg, Sotomayor, Kagan, Gorsuch, Kavanaugh Alito 321 Iancu
2018 term United States Supreme Court opinions of Stephen Breyer
2018_term_United_States_Supreme_Court_opinions_of_Stephen_Breyer
Save harmless – Savings and loan – Scapegoat – School of law – Sciens – scienter – scire facias – Scope of employment – Scots law – Scrivener – Scutage –
Index_of_law_articles
Aspect of Australian law
nuisance; Cattle/livestock trespass [citation needed] Liability for animals (scienter)[citation needed] Torts where the availability is not certain Invasion
Tort_law_in_Australia
1934 • securities fraud • statute of limitations • discovery rule and scienter Thomas Breyer Stevens 212 Salazar v. Buono 559 U.S. 700 (2010) Article
2009 term United States Supreme Court opinions of Antonin Scalia
2009_term_United_States_Supreme_Court_opinions_of_Antonin_Scalia
Anti-fraud legislation in New York
York. Notably, to secure a conviction, the state is not required to prove scienter (except in connection with felonies) or an actual purchase or sale or damages
Martin_Act
American blogger and convicted felon
boldness of the fraud conclusively demonstrates the Defendant's high level of scienter, and because the risk of loss and the actual loss was substantial. The
Cole_Bartiromo
Legal concept
possible as well. Collateral estoppel Intrinsic fraud Per minas Res judicata Scienter "Extrinsic Fraud". Wex. Cornell Law School. Retrieved 2 July 2017. "Extrinsic
Extrinsic_fraud
Title of the Virgin Mary and Patroness of Uruguay
inane fieri, si quidquam secus super his, a quovis, auctoritate qualibet, scienter sive ignoranter attentari contigerit. Contrariis non obstantibus quibuslibet
Virgin_of_the_Thirty-Three
as "strong" within the intended meaning of § 21D(b)(2), an inference of scienter must be more than merely plausible or reasonable-it must be cogent and
List of United States Supreme Court cases, volume 551
List_of_United_States_Supreme_Court_cases,_volume_551
US court
States 575 U.S. ___ (2015) federal crime against communicating threat • scienter Roberts Thomas 221 EEOC v. Abercrombie & Fitch Stores, Inc. 575 U.S. ___
2014 term United States Supreme Court opinions of Samuel Alito
2014_term_United_States_Supreme_Court_opinions_of_Samuel_Alito
American poet (born 1939)
Inevitable Press, 1999) The Shadow Sonnets and Other Poems (ISBN 0977696006, Scienter Press 2006). See The Legal Studies Forum XXX, No. 1 and 2, 2006 Poems at
T._S._Kerrigan
U.S. 267 2013 The term "defalcation" in the Bankruptcy Code includes a scienter requirement involving knowledge of, or gross recklessness in respect to
List of United States Supreme Court cases, volume 569
List_of_United_States_Supreme_Court_cases,_volume_569
Form of pyramid scam based on franchising
an action for common law fraud". Also held by the Supreme Court is that scienter is not an element of franchise fraud. Nor does failure to disclose on the
Franchise_fraud
1952 United States Supreme Court case
in subversive organizations. Due process requires that individuals have scienter (knowledge that their membership or support violates the loyalty oath)
Wieman_v._Updegraff
States 575 U.S. ___ (2015) federal crime against communicating threat • scienter • First Amendment • freedom of speech Roberts Alito 323 EEOC v. Abercrombie
2014 term United States Supreme Court opinions of Clarence Thomas
2014_term_United_States_Supreme_Court_opinions_of_Clarence_Thomas
1953 United States Supreme Court case
word 'disregard' are not limited in a fashion that exclusively requires scienter," he writes. Common dictionary definitions of "disregard", as well as later
Wilko_v._Swan
1987 United States Supreme Court case
Act had shortened the statute of limitations and made it harder to prove scienter. "Instead, most customer arbitrations today are predicated on state securities
Shearson/American Express Inc. v. McMahon
Shearson/American_Express_Inc._v._McMahon
American lawyer
Kathryn Kelley; Peter M. Adams (Winter 2009). "The Holistic Approach to Scienter Under Tellabs". Securities Litigation Journal. 19 (2). American Bar Association
William_E._Grauer
1934 • securities fraud • statute of limitations • discovery rule and scienter Breyer Scalia 417 Salazar v. Buono 559 U.S. 700 (2010) Article III • standing
2009 term United States Supreme Court opinions of John Paul Stevens
2009_term_United_States_Supreme_Court_opinions_of_John_Paul_Stevens
SCIENTER
SCIENTER
SCIENTER
SCIENTER
Girl/Female
Arabic, Malaysian, Muslim
Gentle Breeze; Fresh Air
Boy/Male
Tamil
Achyuta | அசà¯à®¯à¯à®¤à®¾
Imperishable, A name of Lord Vishnu, Indestructible
Boy/Male
Hindu, Indian
King
Male
Turkish
Turkish name ENGIN means "vast."
Girl/Female
Latin American English
From France or 'free one.' Feminine of Francis.
Girl/Female
Indian, Malayalam
Colour; Rainbow
Boy/Male
Hindu
Devotee, Supreme master
Boy/Male
Australian, British, English, German
A German
Girl/Female
Muslim
Pure
Girl/Female
Hindu, Indian
Beauty and Goodness of the Moon
SCIENTER
SCIENTER
SCIENTER
SCIENTER
SCIENTER
adv.
Knowingly; willfully.