malice


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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 periodicals archive ?
The qualified privilege associated with the fair and accurate reporting of public proceedings can be defeated by a showing of common-law malice," Judge Robert Schumacher wrote for the appellate court.
In the interview on Friday night, Garin said she recalled the meeting but maintained that there was no malice behind her actions.
7] Such allegations may only result in a claim for defamation if it is shown that the person making them acted out of malice, or intentionally introduced irrelevant defamatory statements, not supported by reasonable grounds, into the proceedings.
felt there was no malice in the challenge from Sow.
Todd Pletcher holds an enviable hand in the 'midsummer derby' with Palace Malice and likely favourite Verrazano, who took his career record to five out of six with a commanding performance in the Haskell last month.
Never in all my time in the police have I seen such brazen acts of malice on innocent members of the public, for seemingly no other reason than getting a sickening personal kick.
A district court granted summary judgment in favor of the filmmakers, saying the Vicinis were public figures who failed to prove actual malice.
Hotze tiled a no evidence motion for summary judgment, asserting that there was no evidence that he published any statements that were legally defamatory or false, or that he acted with actual malice.
LEE McCULLOCH insists there was no malice in the tackle that ended Old Firm rival Beram Kayal's season.
Yet an interesting question that has not been satisfactorily answered is whether the new public interest responsible communication defence can be defeated by proof of malice.
2) the First Circuit reinterpreted Massachusetts's libel statute by lowering the standard to prove actual malice in libel suits.
Jonathan Wilson, a member of the True Wales group, insisted there was no malice intended in his post on the social networking site Twitter.