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Generally "scienter" is legal/Latin for having some basic understanding that what one is doing, will do or has done, is wrong in some way. So an example would including holding a loaded gun by the trigger with the safety off pointed at a person knowing that if it fires the person could be killed. It is usually associated with criminal conduct because most classic crimes require both a required mental state of mind ("mens rea") and co-incident action ("actus reus"). That's where you get the differences between murder and manslaughter, for example, because the mental state is considered different. But scienter can apply to a tortious wrongdoing as well, such as an intentional tort like assault and battery (which is usually also a crime, by the way).
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Which of the following is not an element of fraud a. Scienter b. Misrepresentation of a material fact c. Justifiable reliance by the innocent party d. Ignorance of the law?
d. ignorance of the law d. ignorance of the law
What is Scienter in the law?
Scienter is defined as a mental state embracing intent to deceive, manipulate, or defraud. Scienter means to have guilty knowledge. An act is done "knowingly" if done voluntarily and intentionally, and not because of mistake or accident or other innocent reason. It is an element required to be proven in certain crimes. Scienter is the term in the law for the broad spectrum of awareness a person must have to be considered culpable under laws that require a level of awareness of wrongdoing for a determination of guilt or liability. While most often associated with criminal law, scienter is often a component of laws whose violation can result in punishment other than incarceration. More specifically, scienter is the "requisite intent" for a given crime or legal wrong that has any level of scienter as a component. Reams of treatises, statutes and cases delve into this subject. To determine guilt or liability under some laws, a specific mental intent or awareness of the likelihood of severe consequences must be proven; murder (sometimes in the "first degree") is a crime requiring such a level of intent. Whether you are aiming at a specific individual with the "intent to kill" or shooting a loaded gun into a crowd of innocents knowing someone could be killed, is an example. Why driving a motor vehicle drunk is not considered as heinous as shooting a loaded gun is a political issue. For tax law, there is a fine difference between "evasion" and "avoidance". One may be able to "avoid" all or some level of a tax consequence under an interpretation of tax law because tax law is not always as clear as one might think and there is room for reasoned argument; but to evade the law becomes an offense because the intent is effectively to "hide" some situation so as not to come under any tax scrutiny whatsoever. "Intentional torts" also typically require this "level" of scienter. For other kinds of offences or liabilities, some general intent to do wrong, or not act reasonably, is all that is required. For example, reasonable people would probably agree that throwing garbage out the window of a moving car is an unreasonable thing to do (let alone gross, stupid, piggish and disgusting). But what if it glances off another car's windshield, causing that driver to swerve and collide with a third car? The garbage thrower might might liable not only for the damages to the third car in addition to the second, if people would agree that kind of consequence is reasonably foreseeable, but also for violation of motor vehicle rules that require the driver and passengers of a moving vehicle to act in a reasonable an safe way toward others. Much of the law of tort negligence falls into this "level". Yet others theoretically require no "scienter" whatsoever, and we often call these "quasi-criminal" offences. Jay-walking, speeding, running a stop sign...typically require no proof of any kind of intent; it's more a case of "if you break it, you bought it". And in the law of contracts, typically no intent is required to determine liability: either you complied with the contract, or you "breached" (violated) its terms and conditions, and whether you meant to or not is irrelevant. And in the above example of the garbage thrower, conviction for littering may very well help establish liability for the car damages because the law often imputes intent when criminal and quasi-criminal laws are violated. For a more complete understanding, you might want to start with looking at Related Links
What are some eight letter words with 3rd letter I and 5th letter N and 6th letter T and 7th letter E?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 4 words with the pattern --I-NTE-. That is, eight letter words with 3rd letter I and 5th letter N and 6th letter T and 7th letter E. In alphabetical order, they are: oriented orienter scienter trientes
What are some eight letter words with 1st letter S and 3rd letter I and 4th letter E?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 13 words with the pattern S-IE----. That is, eight letter words with 1st letter S and 3rd letter I and 4th letter E. In alphabetical order, they are: scienced sciences scienter shielded shielder shieling skieyest spiegels spielers spieling spiering stievely stievest
What are some eight letter words with 1st letter S and 2nd letter C and 6th letter T and 7th letter E?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 8 words with the pattern SC---TE-. That is, eight letter words with 1st letter S and 2nd letter C and 6th letter T and 7th letter E. In alphabetical order, they are: scamster scienter scimiter scratted screeted scripted scripter sculpted
What is the antonym for example?
There is no antonym for example, you can't have no example. Therefore there is no antonym for example.
What is a domain structure?
its a structure dude, for example there is no example and you have to find that example out to know the example. did you get it yo
What are the example of external database?
what are the example of —externalwhat are the example of —external
What punctuation do you use after for example?
Comma. For example, pink, red, yellow and blue.
The United States is an example of?
The United States is an example of a superpower state. It is also an example of a democracy, an example of a mixed economy and an example of a federal State.
Which one of these is an example?
which of these is an example
What is an example of os?
Windows XP is an example of an OS. Windows Vista is an example of an OS. Windows 7 is an example of an OS. Mac OS X is an example of an OS.
