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| This dictionary contains: 8526 juridical terms |
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Malicious prosecution
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Malicious prosecutionTorts, 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--------------------------------------
Prosecution
Criminal law. The means adopted to bring a supposed offender to justice and punishment by due course of law.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Prosecutor
A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Criminal
Relating to, or having the character of crime
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
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.
Probable
That which has the appearance of truth; that which appears to be founded in reason.
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.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
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.
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Malpractice
Any professional misconduct.
Malum in se
Evil in itself.
Malveilles
In some ancient records this word signifies malicious practices, or crimes and misdemeaners.
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
RELATED TERMS--------------------------------------
Prosecution
Criminal law. The means adopted to bring a supposed offender to justice and punishment by due course of law.
Arrest
To stop; to seize; to deprive one of his liberty by virtue of legal authority.
Prosecutor
A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.
Criminal
Relating to, or having the character of crime
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Plaintiff
The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner.
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.
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.
Probable
That which has the appearance of truth; that which appears to be founded in reason.
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.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Warrant
Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
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.
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.
PREVIOUS AND NEXT TERMS--------------------------------------
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
Malpractice
Any professional misconduct.
Malum in se
Evil in itself.
Malveilles
In some ancient records this word signifies malicious practices, or crimes and misdemeaners.
Malversation
French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions and larceny.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
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This dictionary contains 8526 terms.
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