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 ?
Singh has mentioned seven cognizable offences against the actor, which includes a case under section 294 of the IPC for abusing in public, section 85 of the Bombay Prohibition Act for misbehaving in a drunken condition in a public place and getting drunk and hurling filthy abuses before children under section 50 and 56 of the Bombay Children Act.
The misuse of position is a cognizable offence under Section 13 of the Prevention of Corruption Act.
The honourable court has learnt that no cognizable offence has been mentioned.
Islamabad -- Federal Shariat Court (FSC) has sought reply from Ministry of Law and Justice on the matter of declaring 295-C of the blasphemy law a cognizable crime .
Speaking here today at the two-day National Consultations of Tribal Peoples Movements on implementation of SCs and STs (Prevention of Atrocities) Act 1989, Wasnik said that it is a matter of great concern that the conviction rate for cases of atrocities against SC/STs is less than 29 percent against the average of 43 percent for all cognizable offences under the Indian Penal Code (IPC).
Use of jute and polypropylene bags is unlawful and cognizable, he further added.
He said the United Nations should declare the desecration of Mashaheer and holy places of all religions a cognizable offence and those who commit such a crime should be tried in courts under war crimes.
Above all, she pioneered the move to amend the code for Criminal Procedure whereby organized propaganda leading to fear or ill will among communities was made a cognizable offence.
The inquiry conducted so far, it is established with incriminating evidence that the accused Naeem Rabbani, in collaboration with officials of Works Welfare Board has committed the offence of corruption and corrupt practices cognizable under section 9 of NAO 1999 and schedule thereto and have caused huge loss to the state exchequer while during supply of said equipment worth more than Rs.
According to the bill depriving of the women from the right of inheritance from the property of their parents would be cognizable crime and the violators could be awarded five years imprisonment and fine upto Rs 50,000.
The district court held that the detainee stated a cognizable civil rights complaint against the sheriff, and the detainee pled a cause of action under a state law that provided that a keeper of a jail must pay treble damages if he/she does any wrong or injury to a detainee, and is guilty of a Class 1 misdemeanor.
The Commission will consider law reform proposals from amendments in Section 338 of the Pakistan Penal Code 1860, Section 129 of the Income Tax Ordinance 2001, declaring smoking in public vehicles as a cognizable offence, Rule 5 of the Order XLI Civil Procedure Code 1908, Article 79 of Qanoon-e-Shahadat Order 1984, Rule 21, Order VII and Rule 12 Order VI of the Code of Civil Procedure 1908, Section 27-A of Stamp Act 1899, Pre-emption Laws and Section 3 and 6 of the Law and Justice Commission of Pakistan Ordinance 1979, Section 3 of the National Judicial (Policy Making) Committee Ordinance 2002.

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