scienter


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Scienter

In law, knowledge of wrongness of an act or the danger of a situation. A person with scienter may be held legally liable in criminal or civil cases.

scienter

Knowledge regarding the wrongful nature of an act. Some criminal or civil penalty statutes require scienter, and some do not. For example, the shareholders of a small corporation are liable for the 100 percent IRS penalty if the treasurer fails to pay over employee withholding taxes,whether or not the shareholders knew of the practice.One may be liable for discriminatory housing advertising, without a showing of scienter, if ads show all-white human models and target advertising media not likely to be viewed by nonwhites.

References in periodicals archive ?
In any event, the implications of this line of case law is clear: In the ordinary course, an organization has the scienter of employees who either personally commit a prohibited act or who, acting with the relevant scienter, proximately cause the organization to commit the act.
its entirety because it failed to adequately allege scienter and
To sum up, then, the Child Labor Tax did not make the employment of child labor unlawful; it did raise revenue; it did not in fact prevent the employment of child labor; and its proponents did not think that it could be salvaged by lowering the rate, by a more narrow tailoring of the tax, by excising the scienter requirement, or by moving enforcement entirely into the Department of the Treasury.
here, as it deals with the scienter and mens rea elements of criminal
Part I of this Article undertakes a traditional historical and doctrinal analysis of the statutory and case-based development of the law of scienter in rule 10b-5 litigation.
Finally, in an ongoing class action against specialists, the Southern District of New York suggested that knowledge by specialist firms of their employees' interpositioning was sufficient to show scienter on the part of the firms.
But presuming a scienter requirement did nothing to diminish the severity of the loyalty programs.
a different scienter requirement than the provisions at issue in Gorin,
139) The scienter component is required by the First Amendment since the child sexual exploitation statutes differentiate constitutionally protected images from criminal contraband.
Under Steadman, several issues should be considered, including (1) the egregiousness of the respondent's actions, (2) the isolated or recurrent nature of the infraction, (3) the degree of scienter involved, (4) the sincerity of the respondent's assurances against future violations, (5) the respondent's recognition of the wrongful nature of its conduct and (6) the likelihood of future violations.
Accordingly, to properly plead bad faith violations, Wood had to allege particularized facts showing MME's directors violated their contractual obligations in bad faith and with the requisite scienter.
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