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 ?
The bench said that police officials cannot avoid registration of FIR and action must be taken against them for not lodging FIR in cognisable offences.
For some, that might in itself be thought to be a cognisable moral objection to the practices of IVF and genetics; that increasingly it looks like the child is being treated in some way as a commodity (not just as a means to another's ends in the Kantian formulation--at least no more than any child may be when conceived) IVF may itself be a part--a large part--of the commodification of the child, but a child who is no less loved and valued by its parents when it is a member of their family.
Section 498 (A) under IPC is a non-bailable offence, non-compoundable and cognisable offence," explained Mahadeva.
Under this act the encroachment of the Waqf properties become a cognisable offence and culprits could be sent to jail for two years.
However, Arun Gupte for Directorate of Revenue Intelligence (DRI) put down the argument citing the arrest as cognisable under Customs Act.
He also ordered the police to register an FIR in accordance with law if any cognisable offence had been committed in the matter.
He further observed, "Section 154 CrPC commands that if any information disclosing commission of a cognisable offence is provided to an officer inchrage of a police station, he is bound to proceed in the matter.
The shape is instantly re cognisable and inside the features immediately shout Mini at you - like the large speedometer.
Under section 298A of the RPC,intentionally killing or slaughtering a cow or similar animals ( including ox and buffalo) is a cognisable,non- bailable offence punishable with 10 years imprisonment and fine.
As per the Bihar police records, over ten thousand cognisable offences were registered.
Inciting people to violence in the name of religion, ethnic differences or, for that matter, against any other country is a cognisable offence.
Police said they made preventive arrests under sections 107 ( action where breach of peace or disturbance is apprehended) and 151 ( arrest to prevent the commission of cognisable offences) of the Criminal Procedure Code ( CrPC) as they were planning to take out a rally without permission in the highsecurity Delhi Race Course area.