scienter

I groaned. "Five hundred dollars just for scienter. If that is the law, then I'll turn lawyer." And with that idea growing more firmly each moment in my mind I returned to the boarding-house with my friend.

Arthur Cheney Train - The Confessions of Artemas Quibble : Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"

"Of course an allegation of scienter is necessary! In other words you could demur to the indictment for insufficiency?" Mr. Tutt nodded. "But in that case they'd merely go before the Grand Jury and find another a good one. It's much better to try and knock the case out on the trial once and for all." "Well, the Appleboys are waiting to see you," said Tutt. "They are in my office.

Arthur Cheney Train - Tutt and Mr. Tutt

You have shown no scienter. The prisoner is discharged." Poor Toby was so overcome by his unexpected release that he began to stammer out incoherent expressions of gratitude to the judge, such as "Oh, thank you, your Honor! God bless your Honor! Thank you, your Honor!

Arthur Cheney Train - The Confessions of Artemas Quibble : Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"

"Why," I exclaimed, "he has done nothing to earn such a fee. He merely got up and said that you had no scienter whatever that is. It is not worth more than ten dollars." "Ten dollars!" shouted Gottlieb. "Ten dollars! Why scienter is one of the most complicated and technical defences known to the law. Ten dollars! Scienter is worth a thousand!

Arthur Cheney Train - The Confessions of Artemas Quibble : Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"

"But how in the world could I have proved a scienter?" wrathfully demanded the lawyer. "I can't pry open the prisoner's skull and exhibit his evil intent." "No, but you could have shown that he knew he had only a few dollars in the bank by the fact that he had previously tried to cash a similar check and that it had been returned. In any event, my own mind is clear on the subject.

Arthur Cheney Train - The Confessions of Artemas Quibble : Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"

My brain's just as good as Haight's. I've licked him many a time in my young days. And then I get tired of all this hogwash! I tell you it's dirty business, most of it!" "Well," I answered, remembering "scienter," "I've no doubt that you could beat them all. But I fancy you have nothing to complain of in the way of returns, yourself. What worries me is how to get any start at all.

Arthur Cheney Train - The Confessions of Artemas Quibble : Being the Ingenuous and Unvarnished History of Artemas Quibble, Esquire, One-Time Practitioner in the New York Criminal Courts, Together with an Account of the Divers Wiles, Tricks, Sophistries, Technicalities, and Sundry Artifices of Himself and Others of the Fraternity, Commonly Yclept "Shysters" or "Shyster Lawyers"

For the meaning of senectus see n. on 4. In De Or. 1, 132 we have modice et scienter. SICUT OMNIA: cf. Fin. 1, 7 facete is quidem sicut alia; also below, 65 sicut alia. ET FERRE ET LATURUM ESSE: Tischer rightly remarks that when a verb is repeated thus with a variation of tense Cic. very nearly always uses et ... et, and not a single et merely.

Marcus Tullius Cicero - Cato Maior de Senectute with Introduction and Notes

The onus of proof is on the victim to show that the owner had previous knowledge of the animal's ferocity, though in reality very little evidence of scienter is as a rule required, and notice need not necessarily be given directly to the owner, but to any person who has charge of the dog. The person attacked has yet another remedy.

Robert Leighton - Dogs and All about Them

In such a case it cannot be said in a legal sense that the keeping of the animal, which is the gravamen of the offense, produced the injury. "Now in the case at bar, first there is clearly no evidence that this defendant knew or ever suspected that the dog Andrew was otherwise than of a mild and gentle disposition. That is, there is no evidence whatever of scienter.

Arthur Cheney Train - Tutt and Mr. Tutt

Saying so doesn't make it so, and that part of the indictment is bad on its face unless, to be sure, it means that he hit him with a dead dog, which it is clear from the context that he didn't. The other part that he set the dog on him lacks the allegation that the dog was vicious and that Appleboy knew it; in other words an allegation of scienter.

Arthur Cheney Train - Tutt and Mr. Tutt