malice

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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.
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 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
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. 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.
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).

malice

Law the state of mind with which an act is committed and from which the intent to do wrong may be inferred
References in classic literature ?
One of these ancient tombstones had been thrust across the track by some malicious person, and gave the train of cars a terrible jolt.
He wanted to thank her for having been to see his mother, but under the ancestress's malicious eye he felt himself tongue- tied and constrained.
I have never tried to interfere in any of your malicious schemes, although I am ashamed to think I have watched them without protest.
Whatever may be her affection for me, she will never approve of my having strangled her father, brutal and malicious as he has been.
He held in his hand a huge stick, his eyes glistening with spiteful thoughts, a malignant smile played round his lips, and the whole of his carriage, and even all his movements, betokened bad and malicious intentions.
And I quickly learned to be afraid of him and his malicious pranks.
Perhaps she thought I had a headache, and could not bear to talk; at any rate, she saw that her loquacious vivacity annoyed me, as I could tell by the malicious pertinacity with which she persisted.
Huntingdon's sake,' said I, observing the dawn of a malicious smile of triumph on her face - 'you are welcome to him, if you like him, as far as I am concerned - but because it is painful to be always disguising my true sentiments respecting you, and straining to keep up an appearance of civility and respect towards one for whom I have not the most distant shadow of esteem; and because, if you stay, your conduct cannot possibly remain concealed much longer from the only two persons in the house who do not know it already.
This lady was now somewhat past the age of thirty, an aera at which, in the opinion of the malicious, the title of old maid may with no impropriety be assumed.
That's very likely,' returned Sikes with a malicious grin.
Every member of the respectable coterie appeared plunged in his own reflections; not excepting the dog, who by a certain malicious licking of his lips seemed to be meditating an attack upon the legs of the first gentleman or lady he might encounter in the streets when he went out.
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