cognizable

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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.

Cross-references

Failure to State a Claim; Peremptory Challenge.

cognizable

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

cognizable

susceptible to the jurisdiction of a court.
References in periodicals archive ?
However from the Cittamatra point of view Buddha explained that in the sense that nothing can exist independently of being cognised or cognisable, there actually are no external objects as such.
Thus, perceptions held by the community may amount to evidence that a social group is a cognisable group within the community.
When I read feminist legal theorist Margaret Thornton on the possibilities for extending sexual harassment legislation beyond the workplace, and her contention that `all working women are subjected to some degree of harassment by virtue of their sex', I wonder which of my interactions I would wish, or think it productive, to have rendered legally cognisable.
In Dryden, and his followers through the eighteenth century, we see the reaction against the exuberance and irregularity of that prose ["of more varied, but certainly of wilder and more irregular power"], no longer justified by power, but cognisable rather as bad taste.
Events are cognisable and are ascribed meaning (Sharp 1991:173), and thus in human context may be described as 'a happening interpreted' (Sahlins 1985:153).
The court observed that prima facie a cognisable offence had taken place and in the present circumstances the petition is accepted as due to the negligent and illegal acts of the respondents including officials of Pesco the daughter of the petitioner had lost one of her hand and half of her right foot along with other injuries to her body.
The bench was hearing a petition filed by a children rights group, Roshni Research and Development Welfare, seeking recognising the disappearance of children as a cognisable offence and registration of FIRs of such offences across the province.
He said making triple talaq a cognisable offence was a dangerous move as it would be open to misuse and anybody can lodge a police complaint against anybody that he has given triple talaq.
The offences under the purview of this bill will be cognisable and non-bailable.
Child marriage, that is marriage below the age of 18 years, is a cognisable offense under the Punjab Marriage Restraint (Amendment) Act 2015.
Child marriage, that is marriage below the age of 18 years, is a cognisable offence under the Punjab Marriage Restraint (Amendment) Act 2015.
According to the draft Bill sent out to states earlier this month, it was proposed that triple talaq be made a cognisable and non-bailable offence that would attract a jail term of three years.