cognizable

cognizable
cog·ni·za·ble /'käg-nə-zə-bəl, käg-'nī-/ adj
1: capable of being known; specif: capable of being recognized as a group because of a common characteristic (as race or gender)
◇ Systematic exclusion of members of a cognizable group from a jury violates the Sixth Amendment to the Constitution, which requires that jurors be selected from jury pools that represent a fair cross section of the community.
2: capable of being judicially heard and determined
a cognizable claim

Merriam-Webster’s Dictionary of Law. . 1996.

cognizable
I adjective accountable, apprehensible, ascertainable, ascertained, capable of being examined, capable of being tried in the court, clear, comprehensible, decipherable, definite, discernible, discoverable, distinct, distinguishable, explicable, explicit, familiar, fathomable, intelligible, jurisdictionally sound, knowable, known, lucid, luminous, meaningful, pellucid, penetrable, perceived, perceptible, perspicuous, readable, realizable, realized, recognizable, scrutable, straightforward, unblurred, understandable, understood, unequivocal, unevasive, uninvolved, unmistakable, well-written associated concepts: cognizable by the courts II index appreciable, ascertainable, coherent (clear), comprehensible, concrete, determinable (ascertainable), discernible, justiciable, naked (perceptible), perceivable, perceptible, ponderable, scrutable, solvable, triable

Burton's Legal Thesaurus. . 2006


cognizable
adj.
Within a court’s jurisdiction.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


cognizable
adj.
1 Within the jurisdiction of a court, a dispute that a court has the power to adjudicate.
2 Capable of being known or recognized.

Webster's New World Law Dictionary. . 2000.


cognizable
The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. The term means that the claim or controversy is within the power or jurisdiction of a particular court to adjudicate.
Conversely, a "cognizable group " of jurors or potential jurors refers to that common trait or characteristic among them that is recognized as distinguishing them from others, such as race, ethnicity, and gender. Trial counsel are generally prohibited from eliminating jurors who are in the same cognizable group as that of a party or litigant through discriminatory peremptory challenges when that distinction is the basis for the challenge. In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69, 54 USLW 4425 (U.S.Ky., Apr 30, 1986) (NO. 84-6263), the U.S. Supreme Court ruled that prosecutors may not use peremptory challenges to exclude African Americans from a jury solely on the basis of race. Over the years, other cases have expanded the scope of protected or "cognizable groups" of jurors to include gender, religion, and socioeconomic status.

Dictionary from West's Encyclopedia of American Law. 2005.


cognizable
The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal. The term means that the claim or controversy is within the power or jurisdiction of a particular court to adjudicate.
 
Conversely, a "cognizable group " of jurors or potential jurors refers to that common trait or characteristic among them that is recognized as distinguishing them from others, such as race, ethnicity, and gender. Trial counsel are generally prohibited from eliminating jurors who are in the same cognizable group as that of a party or litigant through discriminatory peremptory challenges when that distinction is the basis for the challenge. In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69, 54 USLW 4425 (U.S.Ky., Apr 30, 1986) (NO. 84-6263), the U.S. Supreme Court ruled that prosecutors may not use peremptory challenges to exclude African Americans from a jury solely on the basis of race. Over the years, other cases have expanded the scope of protected or "cognizable groups" of jurors to include gender, religion, and socioeconomic status.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Cognizable — Cog ni*za*ble (? or ?), a. [F. connaissable, fr. conna[^i]tre to know, L. cognoscere. See Cognition.] 1. Capable of being known or apprehended; as, cognizable causes. [1913 Webster] 2. Fitted to be a subject of judicial investigation; capable of… …   The Collaborative International Dictionary of English

  • cognizable — 1670s, capable of being known, also liable to be tried in a given court or jurisdiction, from stem of COGNIZANCE (Cf. cognizance) + ABLE (Cf. able) …   Etymology dictionary

  • cognizable — (Amer.) cog·ni·za·ble || kÉ’gnɪzÉ™bl adj. capable of being known, recognizable, knowable; (Law) able to be tried in a court of law (also cognisable) …   English contemporary dictionary

  • cognizable — [käg′ni zə bəl, käg nī′zə bəl; ] occas. [ kän′ə zə bəl] adj. [ COGNIZ(E) + ABLE] 1. that can be known or perceived 2. Law a) within the jurisdiction of a court b) within the jurisdiction of the judicial system …   English World dictionary

  • cognizable — adjective Date: circa 1662 1. capable of being judicially heard and determined < a cognizable claim > 2. capable of being known < cognizable events > • cognizably adverb …   New Collegiate Dictionary

  • cognizable — /ko(g)nazabal/ Capable of being tried or examined before a designated tribunal; within jurisdiction of court or power given to court to adjudicate controversy. Samuel Goldwyn, Inc. v. United Artists Corporation, C.C.A.Del., 113 F.2d 703, 707. In… …   Black's law dictionary

  • cognizable — /ko(g)nazabal/ Capable of being tried or examined before a designated tribunal; within jurisdiction of court or power given to court to adjudicate controversy. Samuel Goldwyn, Inc. v. United Artists Corporation, C.C.A.Del., 113 F.2d 703, 707. In… …   Black's law dictionary

  • cognizable in courts of law — index legal Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • Cognizable offence — A cognizable offence in the criminal justice system of India is one in which the police is empowered to register an FIR, investigate and arrest an accused involved in cognizable crime without a court warrant. As defined in Cr.PC, a non cognizable …   Wikipedia

  • cognizable — cognizably, adv. /kog neuh zeuh beuhl, kon euh , kog nuy /, adj. 1. capable of being perceived or known. 2. being within the jurisdiction of a court. [1670 80; COGNIZ(ANCE) + ABLE] * * * …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”