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mal·ice /'ma-ləs/ n1 a: the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuseb: wanton disregard for the rights of others or for the value of human lifec: an improper or evil motive or purposeif malice cannot be proved or a benign purpose can be imagined — David Kairysd: actual malice (2) in this entryactual malice1: malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: asa: an intent to injure or killb: malice (2) – called also express malice, malice in fact;2 a: the knowledge that defamatory statements esp. regarding a public figure are falseb: reckless disregard of the truth see also public figure; new york times co. v. sullivan in the important cases sectionimplied malice: malice inferred from the nature or consequences of a harmful act done without justification or excuse; also: malice inferred from subjective awareness of duty or of the likely results of one's act – called also legal malice, malice in law;malice aforethought: actual or implied malice existing in or attributed to the intention of one that injures or esp. kills without justification or excuse and usu. requiring some degree of deliberation or premeditation or wanton disregard for lifemurder is the unlawful killing of a human being, or a fetus, with malice aforethought — California Penal Codemalice in fact: actual malice (1) in this entrymalice in law: implied malice in this entry2: feelings of ill will, spite, or revenge◇ Such feelings are usu. not an important component of malice in legal consideration unless punitive damages or actual malice is an issue.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
acrimony, active ill will, animosity, animus, antagonism, antipathy, aversion, bad intent, bad intention, bitter animosity, conscious violation of law, contempt, culpable recklessness, detestation, disaffection, dislike, enmity, evil disposition, evil intent, hard feelings, hard-heartedness, harmful desire, hate, hatred, hostility, ill feeling, ill will, intentional wrongdoing, invidia, invidiousness, loathing, malevolence, malevolentia, maliciousness, malignitas, malignity, odium, personal hatred, pique, pitilessness, rancor, rankling, repugnance, repulsion, resentment, spite, spitefulness, umbrage, venom, viciousness, violent animosity, wanton disregard, wrath
associated concepts: actual malice, constructive malice, implied malice, legal malice, malice aforethought, malice in fact, malice in law, malicious abandonment, malicious abuse of process, malicious arrest, malicious injury, malicious intent, malicious mischief, malicious prosecution, malicious use, malicious wrong, universal malice
foreign phrases:
- In criminalibus, sufficit generalis malitia intentionis, cum facto paris gradus. — In crimes, a general malicious intent suffices where there is an act of equal degree.- Malitia est acida; est mall animi affectus. — Malice is sour, it is the quality of an evil mind- Maleficia propositis distinguuntur. — Evil deeds are distinguished by their evil purposes- MalMis hominum est obviandum. — The malicious designs of men must be thwarted- Eum qui nocentem infamat, non est aequum et bonum ob earn rem condemnari; deli eta enim nocentlum nota esse oportet et expedit — It is not just and proper that he who speaks ill of a bad man should be condemned on that account, for it is fitting and expedient that the crimes of bad men be made known- Malum non praesumkur. — Evil is not presumedII index alienation (estrangement), cruelty, ill will, odium, rancor, resentment, spite
Burton's Legal Thesaurus. William C. Burton. 2006
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n.Evil intention; an intention to do a wrongful act or commit a crime without any justification or excuse.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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A willful or intentional state of mind, in which the actor intends to bring about an injury or wrongdoing.1) In criminal law, malice can be evident by the act itself, as when someone purposefully injures someone else. Murder requires proof of malicious intent, and first-degree murder requires "malice aforethought."2) In a defamation lawsuit (libel or slander), the jury's finding that the defendant acted with malice may increase the plaintiff's damages. In order for a public figure to win a defamation lawsuit, he or she must prove malice on the part of the defendant. (See also: malice aforethought)Category: Accidents & InjuriesCategory: Criminal LawCategory: Representing Yourself in CourtCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. The state of mind of one intentionally performing a wrongful act.@ constructive maliceMalice which can be imputed to the actor because of the nature of the acts committed and the result thereby.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.
Dictionary from West's Encyclopedia of American Law. 2005.
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The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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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
Law dictionary. EdwART. 2013.
