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 ?
Thus, the CA stressed, Banco Filipino's contention that its case is likewise cognizable by the Makati RTC is 'untenable.'
According to the FAQ, cognizable offence means serious category of offences in respect of which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
(3) Any police-officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer incharge of a police station may exercise in a cognizable case.
Historically, courts have dismissed data breach claims for lack of standing, the absence of a cognizable injury under state law, or the failure to satisfy the stringent requirements for class certification, among other reasons.
The court's findings said that the company had failed to explain "how this court or the district court should identify or even discern the existence of 'claimants that have suffered no cognizable injury.'" BP said in a written statement the following day it was assessing its legal options.
I quote from the November 2013 statement from the city of Boston to the FCC, which recently solicited feedback concerning radiofrequency limits: "The 1999-2000 judicial challenge to the FCC's 1996 rules never reached the issue of 'electrosensitivity' as a cognizable disability under the Americans with Disabilities Act (ADA).
"Provocation of sexual sentiments was cognizable under Pakistan Penal Code Section 293 and Section 298," he told PTI, adding that authorities would not tolerate a school book containing such content.
are in flagrant violation of section 295(A) of Indian Penal Code, 1860, as they "deliberately, intentionally and maliciously outraged the religious feelings of Muslims in written words and are cognizable and non-bailable." The tweets violate Section 153-A (a) too as they promote enmity between different groups on grounds of religion and make imputations, assertions prejudicial to national-integration and hence are cognizable and non-bailable.
Objective: To study the pattern of cognizable offences in Karachi.
Pontin's version is clearly correct insofar as it excludes "religious or ideological offense" from the category of what lawyers call "cognizable" harms.
THE TOWNSHIP OF Mount Holly, NJ., filed a petition on June 11 for certiorari with the Supreme Court asking the court to review an earlier decision to determine whether disparate impact claims are cognizable under the Fair Housing Act and, if so, under which test or standard.
Co., the 1st Circuit addressed the issue of whether data breach claimants have suffered legally cognizable damages.

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