malice(redirected from malicious)
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Related to malicious: Malicious prosecution, malicious wounding
malice,in law, an intentional violation of the law of crimes or tortstort,
in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages.
..... Click the link for more information. that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm. To prove malice, it is sufficient to show the willful doing of an injurious act without what is considered a lawful excuse. A malicious state of mind may be inferred from reckless and wanton acts that a normal person should know might produce or threaten injury to others. Malice aforethought is a technical element of murdermurder,
criminal homicide, usually distinguished from manslaughter by the element of malice aforethought. The most direct case of malicious intent occurs when the killer is known to have adopted the deliberate intent to commit the homicidal act at some time before it is actually
..... Click the link for more information. . In libel and slander cases, malice consists of publishing material out of spite or with evil intent, with a reckless disregard for its truth or falsity (see New York Times Company v. SullivanNew York Times Company v. Sullivan,
case decided in 1964 by the U.S. Supreme Court. In 1960, the Times ran a fundraising advertisement signed by civil-rights leaders that criticized, among other things, certain actions of the Montgomery, Ala., police department.
..... Click the link for more information. ).
Law the state of mind with which an act is committed and from which the intent to do wrong may be inferred