Juridical Dictionary

This dictionary contains:
8526
juridical terms

Malicious desertion






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
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Consort
A man or woman married. The man is the consort of his wife, the woman is the consort of her husband.

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.

Perpetual
That which is to last without limitation as to time.

Separation
Contracts. When the hushand and wife agree to live apart they are said to have made a separation.



SIMILAR TERMS
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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 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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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
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

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.

Malpractice
Any professional misconduct.

Malum in se
Evil in itself.

Malveilles
In some ancient records this word signifies malicious practices, or crimes and misdemeaners.

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This dictionary contains 8526 terms.