Dictionary of Law
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malice :: legal definition


Malice - n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation.

See also: defamation libel malice aforethought malicious prosecution murder public figure slander and Related Law Terms ↓


Related Law Terms

attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
innuendo :: n. from Latin innuere, "to nod toward." In law it ... See also: defamation libel slander
intent :: n. mental desire and will to act in a particular w ... ess homicide or other lesser crime.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
official :: 1) adj. referring to an act, document or anything ... tion or business. See also: officer
official misconduct :: n. improper and/or illegal acts by a public offici ... ty. See also: color of law official
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
prior restraint :: n. an attempt to prevent publication or broadcast ... e words of Sir William Blackstone).
privacy :: n. the right to be free of unnecessary public scru ... lso: public figure right to privacy
public figure :: n. in the law of defamation (libel and slander), a ... See also: defamation libel slander
public record :: n. any information, minutes, files, accounts or ot ... l judgment are both public records.
publication :: n. 1) anything made public by print (as in a news- ... so: defamation libel notice slander
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures.
reputation :: n. a person's good name, honor or what the communi ... See also: defamation libel slander
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder