scienter

scienter
/sayentar/ 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 term is frequently used to signify the defendant's guilty knowledge. Knowledge by the misrepresenting party that material facts have been falsely represented or omitted with an intent to deceive. Myzel v. Fields, C.A.Minn., 386 F.2d 718, 734.
The term "scienter," as applied to conduct necessary to give rise to an action for civil damages under Securities Exchange Act of 1934 and Rule 10b-5 refers to a mental state embracing intent to deceive, manipulate or defraud. Ernst and Ernst v. Hochfelder, 111., 425 U.S. 185, 96 S.Ct. 1375, 1381, 47 L.Ed.2d 668

Black's law dictionary. . 1990.

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