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| This dictionary contains: 8526 juridical terms |
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Malfeasance
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MalfeasanceContracts, torts. The unjust performance of some act which the party had no right, or which he had contracted not to do. It differs from mis- feasance and nonfeasance.
RELATED TERMS--------------------------------------
Unjust
That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is the test of right and wrong.
Performance
The act of doing something; the thing done is also called a performance.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Mis
A syllable which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, and the like.
Nonfeasance
Not doing something that a person should be doing.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Mala prohibita
Those things which are prohibited by law, and therefore unlawful.
Male
Of the masculine sex; of the sex that begets young; the sex opposed to the female.
Malediction
Ecclesiastical law. A curse which was anciently annexed to donations of lands made to churches and religious houses, against those who should violate their rights.
Malefactor
He who bas been guilty of some crime; in another sense, one who has been convicted of having committed a crime.
Maleficium
Civil law. Waste, damage, torts, injury.
Malfeasance
Malice
"Criminal law. A wicked intention to do an injury. It is not confined to the intention of doing an injury to any particular person, but extends to an evil design, a corrupt and wicked notion against some one at the time of committing the crime; as, if A intended to poison B, conceals a quantity of poison in an apple and puts it in the way of B, and C, against whom he had no ill will, and who, on the contrary, was his friend, happened to eat it, and die, A will be guilty of murdering C with malice aforethought. 2) Torts. The doing any act injurious to another without a just cause.
Malice aforethought
Pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited.
Malicious
With bad, and unlawful motives; wicked.
Malicious abandonment
The forsaking without a just cause a husband by the wife, or a wife by her husband.
Malicious desertion
The act of a hushand or wife, in leaving a consort, without just cause, for the purpose of causing a perpetual separation.
RELATED TERMS--------------------------------------
Unjust
That which is done against the perfect rights of another; that which is against the established law; that which is opposed to a law which is the test of right and wrong.
Performance
The act of doing something; the thing done is also called a performance.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Mis
A syllable which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, and the like.
Nonfeasance
Not doing something that a person should be doing.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Mala prohibita
Those things which are prohibited by law, and therefore unlawful.
Male
Of the masculine sex; of the sex that begets young; the sex opposed to the female.
Malediction
Ecclesiastical law. A curse which was anciently annexed to donations of lands made to churches and religious houses, against those who should violate their rights.
Malefactor
He who bas been guilty of some crime; in another sense, one who has been convicted of having committed a crime.
Maleficium
Civil law. Waste, damage, torts, injury.
Malfeasance
Malice
"Criminal law. A wicked intention to do an injury. It is not confined to the intention of doing an injury to any particular person, but extends to an evil design, a corrupt and wicked notion against some one at the time of committing the crime; as, if A intended to poison B, conceals a quantity of poison in an apple and puts it in the way of B, and C, against whom he had no ill will, and who, on the contrary, was his friend, happened to eat it, and die, A will be guilty of murdering C with malice aforethought. 2) Torts. The doing any act injurious to another without a just cause.
Malice aforethought
Pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited.
Malicious
With bad, and unlawful motives; wicked.
Malicious abandonment
The forsaking without a just cause a husband by the wife, or a wife by her husband.
Malicious desertion
The act of a hushand or wife, in leaving a consort, without just cause, for the purpose of causing a perpetual separation.
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This dictionary contains 8526 terms.
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