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| This dictionary contains: 8526 juridical terms |
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Malice aforethought
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Malice aforethoughtPleadings. 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.
RELATED TERMS--------------------------------------
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
Indictment
Criminal law, practice. A written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon oath or affirmation, by a grand jury legally convoked.
Murder
"1) Pleadings. In an indictment for murder, it must be charged that the prisoner ""did kill and murder"" the deceased, and unless the word murder be introduced into the charge, the indictment will be taken to charge manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the authorities and cases there cited.
Technical
That which properly belongs to an art.
Offence
Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty.
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.
Artificial
What is the result of, or relates to, the arts; opposed to natural; thus we say a corporation is an artificial person, in opposition to a natural person.
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.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
Manslaughter
Criminal law. The unlawful killing of another without malice either express or implied. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
SIMILAR TERMS--------------------------------------
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.
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--------------------------------------
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
"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
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.
RELATED TERMS--------------------------------------
Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.
Indictment
Criminal law, practice. A written accusation of one or more persons of a crime or misdemeanor, presented to, and preferred upon oath or affirmation, by a grand jury legally convoked.
Murder
"1) Pleadings. In an indictment for murder, it must be charged that the prisoner ""did kill and murder"" the deceased, and unless the word murder be introduced into the charge, the indictment will be taken to charge manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the authorities and cases there cited.
Technical
That which properly belongs to an art.
Offence
Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty.
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.
Artificial
What is the result of, or relates to, the arts; opposed to natural; thus we say a corporation is an artificial person, in opposition to a natural person.
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.
Charge
1) Wills, devises. An obligation which a testator imposes on his devisee. 2) Contracts. An obligation entered into by the owner of an estate which makes the estate responsible for its performance. 3) Practice. The opinion expressed by the court to the jury, on the law arising out of a case before them.
Manslaughter
Criminal law. The unlawful killing of another without malice either express or implied. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.
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.
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
SIMILAR TERMS--------------------------------------
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.
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--------------------------------------
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
"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
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.
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This dictionary contains 8526 terms.
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