Legal Term Dictionary

In old English law. Unfavorably thought of; in bad repute or credit Bract fols. 11 154. Maledleta est enpositio quse oorrum-pit textnm. That is a cursed interpretation which corrupts the text 4 Coke, 35o; Broom, Max. 622.

In old English law. Unfavorably thought of; in bad repute or credit Bract fols. 11 154. Maledleta est enpositio quse oorrum-pit textnm. That is a cursed interpretation which corrupts the text 4 Coke, 35o; Broom, Max. 622. Less...

A curse, which was anciently annexed to donations of lands made to churches or religious houses, against those who should violate their rights. Cowell.

A curse, which was anciently annexed to donations of lands made to churches or religious houses, against those who should violate their rights. Cowell. Less...

A crime; an offense.

A crime; an offense. Less...

He who is guilty, or has been convicted, of some crime or offense. Malefida non debent remanere im-pnnitai et impnnitas .continuum affectum tribuit delinquent!. 4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent. Malefioia propositls distinguuntur. Jenk. Cent 290. Evil deeds More...

He who is guilty, or has been convicted, of some crime or offense. Malefida non debent remanere im-pnnitai et impnnitas .continuum affectum tribuit delinquent!. 4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent. Malefioia propositls distinguuntur. Jenk. Cent 290. Evil deeds are distinguished from evil purposes, or by their purposes. Less...

In the civil law. Waste; damage; tort; injury. Dig. 5, 18.

In the civil law. Waste; damage; tort; injury. Dig. 5, 18. Less...

A curse.

A curse. Less...

Forsworn. Cowell.

Forsworn. Cowell. Less...

The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from "misfeasance" and "non-feasance," (which titles see.) See 1 Chit. Pr. 9; 1 Chit PI. 134; Dudley v. Flemingsbnrg, 115 Ky. 5, More...

The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from "misfeasance" and "non-feasance," (which titles see.) See 1 Chit. Pr. 9; 1 Chit PI. 134; Dudley v. Flemingsbnrg, 115 Ky. 5, 72 S. W. 327, 60 L. R. A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse-lyn, 3 Gray (Mass.) 811, 63 Am. Dec. 741. Less...

In Spanish law. Offense. White, New Recop. b. 2, tit 19, c 1, 1.

In Spanish law. Offense. White, New Recop. b. 2, tit 19, c 1, 1. Less...

In criminal law. In its legal sense, this word does not simply mean ill will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Bromage v. Prosser, 4 Barn. & C. 255. A conscious violation of the law (or the prompting of the mind More...

In criminal law. In its legal sense, this word does not simply mean ill will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Bromage v. Prosser, 4 Barn. & C. 255. A conscious violation of the law (or the prompting of the mind to commit it) which operates to the prejudice of another person. About as clear, comprehensive, and correct a definition as the authorities afford is that "malice is a condition of the mind which shows a heart regardless of social duty and fatally bent on mischief, the existence of which is inferred from acts committed or words spoken." Harris v. State, 8 Tex. App. 109. "Malice," in its common acceptation, means ill will towards some person. In its legal sense, it. applies to a wrongful act done intentionally, without legal justification or excuse. Dunn V. Hall, 1 Ind. 844. A man o may do an act willfully, and yet be free of malice. But he cannot do an act maliciously without at the same time doing it willfully. The malicious doing of an act includes the willful doing of it. Malice, includes intent and will. State v. Bobbins, 66 Me. 328. For .other definitions see Shannon v. Jones, WTerf'141, 13 S. W. 477; Williams v. Williams'. 20 Colo. 51, 37 Pac 614; Smith v. Railroad Co.. 87 Md. 48, 38 Atl. 1072; In re Freche (D. C.) 109 Fed. 621; Craft v. State. 3 Kan. 486; Lewis v. Chapman, 16 N. Y. 369; State v. Avery, 113 Mo. 475. 21 S. W. 193; State v. Witt, 34 Kan. 488, 8 Pac. 769; State v. Walker, 9 Houst. (Del.) 464, 33 Atl. 227; Cotton v. State, 32 Tex. 614: Com. v. Chance. 174 Mass. 245, 54 N. E. 551, 75 Am. St Rep. 306. In the law of libel and slander. An evil intent or motive arising from spite or ill will; personal hatred or 111 will; culpable recklessness or a willful and wanton disregard of the rights and interests of the person defamed. McDonald v. Brown, 23 R. L 546, 51 Atl. 213, 58 L. R. A. 768, 91 Am. St Rep. 659; Hearne v. De Young, 132 CaL 357, 64 Pac 576; Cherry v. Des Moines/ Leader, 114 Iowa, 298, 86 N. W. 323, 54 L. R. A. 855, 89 Am. St Rep. 365; Minter v. Bradstreet Co., 174 Mo. 444, 73 & W. 668. -Actual malice. Express malice, or malice in fact. Gee v. Culver, 13 Or. 598, 11 Pac. 302.-Constructive malice. Implied malice; malice inferred from acts; malice imputed by. law; malice which is not shown by direct proof of an intention to do injury, (express malice,) but which is inferentially established by the necessarily injurious results of the acts shown to have been committed. State v. Har-rigan, 9 Houst (Del.) 369. 31 Atl. 1052; Hogan v. State, 36 Wis. 238; Caldwell v. Raymond, 2 Abb. Prac. (N. Y.) 196.-Express malice. Actual malice; malice in fact; a deliberate intention to commit an injury, evidenced by external circumstances. Sparf v. U. S., 156 U. S. 51, 15 Sup. Ct. 273, 39 L. Ed. 343: Farrer v. State, 42 Tex. 271; Singleton v. State, 1 Tex. App. 507; Jones v. State, 29 Ga. 594; Wynne v. Parsons, 57 Conn. 73, 17 Atl. 362; Howard v. Sexton, 4 N. Y. 161; Ilerbener v. Crossan, 4 Pennewill (Del.) 38, 55 Atl. 224.-General malice. General malice is wickedness, a disposition to do wrong, a "black and diabolical heart, regardless of social duty and fatally bent on mischief." Neal v. Nelson, 117 N. C. 393, 23 S. E. 428. 53 Am. St. Rep. 590; Brooks v. Jones, 33 N. C. 260.-Implied malice. Malice inferred by legal reasoning and necessary deduction from the res yestcs or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person against another, however sudden. Whart Horn. 38. What is called "general malice" is often thus inferred. Sparf v. U. S.. 156 U. S. 51, 15 Sup. Ct. 273, 89 L. Ed. 343; Hotema v. U. S.. 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225; Darry v. People, 10 N. Y. 120; State v. Mason, 54 S. C. 240, 32 S. E. 357; State v. Neal, 37 Me. 469; State v. Harrigan, 9 Houst (Del.) 369, 31 Atl. 1052.-Legal malice. An expression used as the equivalent of "constructive malice," or "malice in law." Humphries v. Parker, 52 Me. 502.-Malice aforethought. In the definition of "murder," malice aforethought exists where the person doing tbe act which causes death has an intention to cause death or grievous bodily harm to any person, (whether the person is actually killed or not,) or to commit any felony whatever, or has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, although he does not desire it. or even wishes that it may not be caused. Steph. Crim. Dig. 144; 1 Russ. Crimes, 641. The words "malice aforethought" long ago acquired in law a settled meaning, somewhat different from the popular one. In their legal sense they do not import an actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in general, tbe dictate of a wicked, depraved, and malignant heart; not premeditated personal hatred or revenge towards the person killed, but that kind of unlawful purpose which, if persevered in, most produce mischief. State v. Pike, 49 N. H. 399. 6 Am. Rep. 533. And see Thiede v. Utah, 159 U. S. 510, 16 Sup. Ct 62, 40 L. Ed. 237; State v. Fiske. 63 Conn. 388. 28 Atl. 572; Nye v. People. 35 Mich. 19; People v. Borgetto. 99 Mich. 336, 58 "N. W. 328; Darrv v. People, 10 N. Y" 120; Allen v. I*. S.. 164 U. S. 492. 17 Sup. Ct. 154, 41 I* Ed. 52S; Kota v. People, 136 111. 655, 27 N. E. 53; Hogan v. State, 36 Wis. 242.-Malice in fact. Express or actual malice. Railway Co. v. Behee, 2 Tex. Civ. App. 107, 21 S. W. 884; Hotchklss v. Porter, 30 Conn. 414.-Malice ia law. Implied, inferred, or legal malice. See Smith v. Rodecap, 5 Ind. App. 78. 81 N. B. 479; Bacon v. Railroad Co., 66 Mich. 166. 33 N. W. 181.-Malice prepense. Malice aforethought; deliberate, predetermined malice. 2 Rolle. 461 .-Particular malice. Malice directed against a particular individual; ill will; a grudge; a desire to be revenged on a particular person. Brooks v. Jones, 33 N. C. 261; State v. Long, 117 N. C. 791. 23 S. E. 431.- Preconceived malice. Malice prepense or aforethought See State v. Reidell, 9 Houst (Del.) 470, 14 Atl. 550.-Premeditated malice. An intention to kill unlawfully, deliberately formed in the mind as the result of a determination meditated upon and fixed before the act State v. Gin Pon, 16 Wash. 425, 47 Pac. 961; Milton v. State, 6 Neb. 143 ; State v. Rutten, 13 Wash. 211, 43 Pac. 30.-Special malice. Particular or personal malice; that is, hatred, ill will, or a vindictive disposition against a particular individual.-Universal malice. By this term is not meant a malicious purpose to take the life of all persons, but it is that depravity of the human heart which determines to take life upon slight or insufficient provocation, without knowing or caring who may be the victim. Mitchell v. State, 60 Ala. 30. Less...