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Scienter

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Meaning

"Knowingly"

Legal Definition

Guilty knowledge; Having knowledge of the "wrongness" of an act or event prior.

Use

Generally is used as an element to certain causes of action. Is sometimes used as a standard for liability or guilt in some jurisdictions.

Example

If a man sells a car with brakes that don't work to his friend, and he doesn't know about the problem, then the man has no scienter. If he sells the car and knew of the problem before he sold, he has scienter.