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Home » Law Dictionary » S » SCIENTER

SCIENTER

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

knowingly. 2. A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit coin, when he is ignorant of its being counterfeit, and is guilty of no offence; but if he knew the coin to be counterfeit, which is called the scienter, he is guilty of passing counterfeit money. A man who keeps an animal which injures some person, or his property, is answerable for damages, or in some cases he may be indicted if he had a knowledge of such animal’s propensity to do injury.

Law Dictionary – Alternative Legal Definition

Latin: Knowingly. The term is used in pleading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant’s previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against and his omission to do which has led to the injury complained of. The insertion of such an allegation is called “laying the action (or indictment) with a scienter.” And the term is frequently used to signify the defendant’s guilty knowledge. Scienti et volenti non fit injuria. Bract, fol. 20. An injury is not done to one who knows and wills it Scientia sciolorum est mixta ignoran tia. 8 Coke, 159. The knowledge of smatterers is diluted ignorance. Scientia utrimque par pares contra hentes facit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not mention what the underwriter knows, or what he ought to know.

Related Legal Terms & Definitions
  • WELL KNOWING These words are used in a declaration when the plaintiff sues for an injury which…
  • KNOWINGLY With knowledge; consciously ; intelligently. The use of this word in an indictment is equivalent…
  • INNOCENT Free from guilt; acting in good faith and without knowledge of Incriminatory circumstances, or of…
  • EX CERTA SCIENTIA Of certain or sure knowledge. These words were anciently used in patents, and imported full…
  • AVERMENT OF NOTICE in pleading. This is frequently necessary, particularly in special actions of assumpsit. 2. When the…
  • KNOWLEDGE The difference between "knowledge" and "belief" is nothing more than in the degree of certainty.…
  • NOT GUILTY A plea of the general issue in the actions of trespass and case and in…
  • CONTINUANDO In pleading. A form of allegation in which the trespass, criminal offense, or other wrongful…

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