Scienter in the context of "Scam"

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⭐ Core Definition: Scienter

In law, scienter (/sˈɛntər/, Law Latin for "knowingly", Latin pronunciation: [skiˈɛntɛr], from Latin scire 'to know, to separate one thing from another') is a legal term for intent or knowledge of wrongdoing, or reckless disregard for the truth. An offending party then has knowledge of the "wrongness" of an act or event prior to committing it.

For example, if a man sells a car with brakes that do not work to his friend, but the seller does not know about the brake problem, the seller then has no scienter. If he sells the car and knew of the problem before he sold the car, he has scienter.

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Scienter in the context of Intention (criminal law)

In criminal law, intent is a subjective state of mind (mens rea) that must accompany the acts of certain crimes to constitute a violation. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing.

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Scienter in the context of Illegal per se

In US law, the term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter (knowledge) or other defenses. Acts are made illegal per se by statute, constitution or case law.

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