Juridical Dictionary

This dictionary contains:
8526
juridical terms

Malice




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.

RELATED TERMS
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Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Intention
A design, resolve, or determination of the mind.

Injury
Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress.

Person
This word is applied to men, women and children, who are called natural persons.

Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.

Crime
An act or omission which is prohibited by criminal law. Each state sets out a limited series of acts (crimes) which are prohibited and punishes the commission of these acts by a fine, imprisonment or some other form of punishment. In exceptional cases, an omission to act can constitute a crime, such as failing to give assistance to a person in peril or failing to report a case of child abuse.

Poison
Criminal law. Those substances which, when applied to the organs of the body, are capable of altering or destroying, in a majority of cases, some or all of the functions necessary to life, are called poisons

Quantity
Pleading. That which is susceptible of measure.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Guilty
The state or condition of a person who has committed a crime, misdemeanor or offence. This word implies a malicious intent, and must be applied to something universally allowed to be a crime.

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.

Aforethought
Criminal law. Premeditated, prepense; the length of time during which the accused has entertained the thought of committing the offence is not very material, provided he has in fact entertained such thought; he is thereby rendered criminal in a greater degree than if he had committed the offence without premeditation.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Just
This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight.

Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.



SIMILAR TERMS
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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.

Malicious mischief
This expression is applied to the wanton or reckless de- struction of property, and the wilful perpetration of injury to the person.

Malicious prosecution
Torts, or remedies. These terms import a wanton prosecution or arrest, made by a prosecutor in a criminal proceeding, or a plaintiff in a civil suit, without probable cause, by a regular process and proceeding, which the facts did not warrant, as appears by the result.



PREVIOUS AND NEXT TERMS
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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
Contracts, 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.

Malice

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.

Malicious mischief
This expression is applied to the wanton or reckless de- struction of property, and the wilful perpetration of injury to the person.

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This dictionary contains 8526 terms.







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