Scienter

Strict liability means that there is no need to argue fault in the form of wilful intent or negligence on the part of the animal or its controller.

For instance, Section 1960 of Title 18 of the United States Code provides a scienter condition, requiring that the accused "knowingly conducts, controls, manages, supervises, directs, or owns" a prohibited type of business.

[3] This use reflects the development of American law speaking plainly instead of employing Latin phrases of legal English.

The Private Securities Litigation Reform Act of 1995 added the requirement that a plaintiff must plead facts giving rise to a "strong inference" of scienter.

The United States Supreme Court issued a decision that clarified what was to be understood as a "strong inference."

In Tellabs, Inc. v. Makor Issues & Rights, LTD (21 June 2007), an 8–1 ruling of the Court defined the standard that the plaintiff had to meet to proceed with a securities fraud litigation.