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SCIENTER

Knowingly. Having the requisite knowledge of the wrongness/illegality of an act or conduct; guilty knowledge; knowing the impropriety/illegality associated with doing certain acts. This is often an element of liability or guilt that must be proven before a judgement or conviction can be obtained.A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit coin, when he is ignorant of its being counterfeit, and is guilty of no offence; but if he knew the coin to be counterfeit, which is called the scienter, he is guilty of passing counterfeit money. A man who keeps an animal which injures some person, or his property, is answerable for damages, or in some cases he may be indicted if he had a knowledge of such animal's propensity to do injury. In this respect the civil law agrees with our own.

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