Missing the little element called scienter, or in lay terms, the requisite intent. From Wordnik.com. ["Clearly, the worst day was Abu Ghraib..."] Reference
The agency alleged that Cuban acted with "scienter," a legal term indicating knowledge of wrongdoing. From Wordnik.com. [Market News] Reference
The "scienter" requirement, necessary to sustain allegations against the auditors in a securities claim under Section 10b, is notoriously difficult to meet. From Wordnik.com. [No Audit At All: Deloitte and Bear Stearns - Francine McKenna - Accounting Watchdog - Forbes] Reference
"scienter" in a securities fraud action against an accountant. From Wordnik.com. [No Audit At All: Deloitte and Bear Stearns - Francine McKenna - Accounting Watchdog - Forbes] Reference
You have to have what -- in the law what's called scienter. From Wordnik.com. [CNN Transcript - Special Event: Judge Hears Democratic Challenge to Seminole County Absentee Ballots - December 6, 2000] Reference
Are they prosecutable? or is there some scienter requirement?. From Wordnik.com. [Think Progress » The Child Custody Protection Act] Reference
Courts and litigators need to pay more attention to scienter. From Wordnik.com. [Balkinization] Reference
No scienter + no competition + First Amendment = no violation. From Wordnik.com. [The Volokh Conspiracy » The Next iPhone — and the Criminal Law Angle] Reference
Greg (3: 27: 12 PM): way to show love to legal words like scienter. From Wordnik.com. [meggie816 Diary Entry] Reference
And to show fraud in addition would probably require some scienter. From Wordnik.com. [Balkinization] Reference
In the REAL WORLD this kind of malfeasance is scienter for a class action. From Wordnik.com. [Is “Intelligent Design” Un-Christian?] Reference
District Attorney Rosenthal has decided that there is evidence of scienter. From Wordnik.com. [CNN Transcript Mar 8, 2007] Reference
I think people are vastly underestimating the difficulty of pleading scienter in these cases. From Wordnik.com. [The Volokh Conspiracy » Stoneridge Roundup:] Reference
I had thought that the answer, at least in principle and assuming scienter and so forth, was yes. From Wordnik.com. ["An act of adultery between the defendant and the spouse of the plaintiff..."] Reference
Its motto was: Qui inscienter peccat, scienter emendet (“Who unknowingly sins, knowingly makes amends”). From Wordnik.com. [CAUSATION IN LAW] Reference
Isn't it the prosecutor's burden to prove all of the elements of the crime, including scienter, beyond a reasonable doubt?. From Wordnik.com. [Balkinization] Reference
The proliferation of deceptive Option ARMs and their new, deeply discounted payment structures further establishes scienter. From Wordnik.com. [Danny Schechter: Michael Row Your Case Ashore: One Man Against the Machine] Reference
Obscenity — scienter requirements in almost all statutes; no prosecutions of intermediaries for user-generated obscene material. From Wordnik.com. [Archive 2009-03-01] Reference
I think that another complaint I have with the idea of Black disenfranchisement is that requires intent, or in the legal sense, scienter. From Wordnik.com. [Balkinization] Reference
Is there any way to phrase it so the law is clear that the scienter requirement for that element is recklessness without the need for the paranthetical comment?. From Wordnik.com. [The Volokh Conspiracy » Sexual Assault Problem:] Reference
These courts held that without proof of scienter--guilty knowledge of Madoff's fraud--these firms could not be held liable, even if they ignored obvious red flags. From Wordnik.com. [Madoff Feeder Funds Lose Their Immunity] Reference
As noted in my Sept. 5 Letter to the Editor, liability requires proof of scienter, i.e., intent to defraud or recklessness of such a character as to be the equivalent to intent. From Wordnik.com. [Investor-Friendly Decision Won't Wreak 'Destruction'] Reference
California law, like the federal Lanham Act and most state consumer protection laws, lacks any scienter requirement; perfectly good-faith errors, if false, can lead to liability. From Wordnik.com. [Archive 2009-04-01] Reference
He merely got up and said that you had no scienter -- whatever that is. From Wordnik.com. [The Confessions of Artemas Quibble] Reference
Tellabs, the plaintiffs only needed to demonstrate an inference of scienter that was. From Wordnik.com. [The 10b-5 Daily] Reference
Why scienter is one of the most complicated and technical defences known to the law. From Wordnik.com. [The Confessions of Artemas Quibble] Reference
"But how in the world could I have proved a scienter?" wrathfully demanded the lawyer. From Wordnik.com. [The Confessions of Artemas Quibble] Reference
Rule 10b-21, which became effective on October 17, 2008, requires the mental state of scienter. From Wordnik.com. [Law.com - Newswire] Reference
Thus, while Rule 10b-5 private actions require, among other elements, scienter, reliance, and damages. From Wordnik.com. [theRacetotheBottom - Headline News] Reference
The standard for scienter in common law fraud requires committing the misstatement recklessly or with intent. From Wordnik.com. [theRacetotheBottom - Headline News] Reference
Effectively, courts could not resolve the scienter analysis by examining and dismissing each factor seriatim. From Wordnik.com. [theRacetotheBottom - Headline News] Reference
Tougher scienter aspects for punitive damages have other favorable consequences for defendants faced with such clams. From Wordnik.com. [Drug and Device Law] Reference
That early decision makes clear that scienter - required in a SEC Rule 10b-5 claim - is not required in a Martin Act case. From Wordnik.com. [theRacetotheBottom - Headline News] Reference
The summary of this concept with all the citations is found in successfully plead recklessness equivalent to scienter and more. From Wordnik.com. [No Audit At All: Deloitte and Bear Stearns - Francine McKenna - Accounting Watchdog - Forbes] Reference
Generalized criticism, coupled with the publication of her name, address and phone number, hardly rises to an exacting level of scienter. From Wordnik.com. [Recently Uploaded Slideshows] Reference
Thomæ Archiepiscopi neque verbo neque facto neque scripto scienter procuravit. ". From Wordnik.com. [Bell's Cathedrals: The Cathedral Church of Ely A History and Description of the Building with a Short Account of the Monastery and of the See] Reference
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