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

susceptible to the jurisdiction of a court.
References in periodicals archive ?
'A movement would also be run for making blasphemy a cognisable crime at international level,' he added,
The PIL also sought making of forged PAN cards, passports, Aadhaar cards, ration cards and voter cards, a non-bailable, non-compoundable and cognisable offence and seeks to amend the laws too.
In compliance with the court's direction, district complaint officer of police Faisal Mukhtar filed a report and stated that no immoral or cognisable offence was committed by the participants in the march.
Currently, the money laundering is a non-cognisable offence but the government wants to make it a cognisable offence.
'Your report itself says that you will determine whether any cognisable offence was made out or not,' Justice Ahsan supplemented.
Consumption or possession of liquor is a cognisable offence in Bihar, which imposed total prohibition two years back.
KARACHI:The Sindh High Court (SHC) on Thursday directed the police to adopt modern technology for tracing the whereabouts of 13 children who went missing on separate occasions.A division bench was hearing a petition filed more than half a decade ago, way back in 2012, seeking court directives to the Sindh police for considering the missing children cases a cognisable offence and registering FIRs in this regard.
If they are found to be involved in such cases again in the next six months, they would be booked under the category of cognisable offences of IPC.
It is pertinent to note here that Prime Minister Raja Pervez Ashraf in his address to Ishaq-e-Rasool Conference also hinted international legislation against culprits for committing blasphemy acts, saying, blasphemy should be declared 'cognisable offence'.
The Congress had alleged that Patil was deprived of his right to vote, "which is a serious act and also a cognisable offence which needs immediate necessary action to protect" Patil.
In March, Pakistan Tehreek-i-Insaf lawmaker Dr Ramesh Kumar Vankwani had submitted two bills in the National Assembly Secretariat seeking enhancement of the punishment for those involved in such crimes and for making child marriage a cognisable offence.
KCR has signed a file making it cognisable offence to make allegations against the chief minister and ministers.