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 ?
would meet plaintiffs' burden of describing a cognizable market under the Sherman Act.
Part II will describe the Second Circuit and Seventh Circuit split about whether reverse-Batson violations are cognizable for habeas review.
This restricts the cognizable theories available in a credit or debit card larceny in three ways.
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).
Post-MedImmune cases in the Federal Circuit and in lower courts insist upon a showing of affirmative acts from the patentee indicating an intention to enforce his patent and affirmative acts from the declaratory plaintiff indicating that she is "ready, willing and able" to infringe the patents at any time in order to establish the legally cognizable interest required for justiciability.
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.
As in other unconstitutional conditions cases in which someone refuses to cede a constitutional right in the face of coercive pressure, the impermissible denial of a governmental benefit is a constitutionally cognizable injury.
The court said the patients' claims for emotional distress damages were "too speculative to be legally cognizable.
ISLAMABAD -- Counsel for former president Pervez Musharraf has taken the plea that court should decide first if Ghazi Abdul Rashid murder case is cognizable or otherwise.

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