单词 | to prove scienter |
释义 | > as lemmasto prove (a) scienter The fact that an act was done with knowledge of the probable consequences, esp. when this constitutes a ground for civil damages or criminal punishment. Frequently in to prove (a) scienter: to prove that an act was done knowingly.Often used in relation to the liability of the owner of an animal known to be dangerous for injury or damage caused by that animal; cf. quots. 1787, 1898, 1916. ΘΚΠ society > law > rule of law > lawlessness > [noun] > crime > criminal intent purpensed malice1436 malice1454 malice prepensed1454 pretenced malice1483 scienter1618 malice prepense1647 malice propense1650 mala fides1693 malice prepended1833 mens rea1861 society > law > administration of justice > court proceedings or procedure > evidence > give evidence of [verb (transitive)] > prove (a charge) taint1424 attaint1609 to prove (a) scienter1787 1618 J. Wilkinson Treat. Statutes conc. Coroners & Sherifes i. f. 28 It seemeth hee maketh no difference betweene matter in fact and matter of Record &c. in that he maketh Scienter materiall in the case. a1685 F. North Argument in Case between W. Soames & S. Barnardiston (1689) 30 No proof could be made of the scienter. 1754 ‘Gentleman of Temple’ Some Considerations Act to prevent Clandestine Marriages 22 Knowingly may depend on Circumstances which may often differ; and though they may be Proof of the Scienter in one Case, they may not be so in another. 1787 J. Morgan Attorney's Vade Mecum I. 277 If a man keep a dog, knowing him to be accustomed to bite sheep, who bit the plaintiff's sheep, whereby they died. The scienter must be proved in evidence. 1824 T. Starkie Pract. Treat. Law of Evid. II. 469 The plaintiff must prove not only the falsity of the representation, but also the scienter, the knowledge of the defect on the part of the defendant. 1898 Westm. Gaz. 23 Nov. 3/2 When the injury is to cattle or sheep, the necessity of proving ‘the scienter’ was abolished by the Dogs Act, 1865. 1916 Canad. Law Jrnl. Mar. 86 Two cases illustrating the law of scienter in its relation to animals have recently been reported. 1962 Univ. Toronto Law Jrnl. 14 251 Smith v. California (1959),..which..holds that scienter is constitutionally required to support an obscenity conviction. 2008 A. R. Palmiter Securities Regulation ix. 372 Failing to correct a misstatement once the error is known supports a finding of scienter. < as lemmas |
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