Legal Term Dictionary

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...

Evincing malice; done with malice and an evil design; willful. -Malicious abandonment. In criminal law. The .desertion of a wife or husband without just cause.-Malicious abuse of process. The malicious misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ; the malicious perversion of More...

Evincing malice; done with malice and an evil design; willful. -Malicious abandonment. In criminal law. The .desertion of a wife or husband without just cause.-Malicious abuse of process. The malicious misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ; the malicious perversion of a regularly issued process, whereby a result not lawfully or property obtained on a writ is secured; not including cases where ttie process was procured maliciously but not abused or misused after its issuance. Bartlett v. Christhilf, 69 Md. 219, 14 Atl. 521; Mayer v. Walter, 64 Pa. 283; Humphreys v. Sutcliffe, 192 Pa. 336, 43 Atl. 954, 73 Am. St. Rep. 819; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807.-Malicious act. A wrongful act intentionally done without legal justification or excuse; an unlawful act done wilfully or purposely to injure another. Bowers v. State, 24 Tex. App. 542, 7 S. W. 247, 6 Am. St. Rep. 901; Payne v. Western ft A. R. Co., 13 Lea (Tenn.) 526, 49 Am. Rep. 666; Brandt v. Morning Journal Ass'n, 81 App. Div. 183, 80 N. Y. Supo. 1002.-Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.-Malicious injury. An injury committed against a person at the prompting of malice or hatred towards him, or done spitefully or wantonly. State v. Huegin, 110 Wis. 189, 85 N. W. 1046, 62 L. R. A. 700; Wing v. Wing, 66 Me. 62, 22 Am. Rep. 548.-Malicious mischief. A term applied to the willful destruction of personal property, from actual ill will or resentment towards its owner or possessor. People v. Petheram, 64 Mich. 252, 31 N. W. 188; First Nat Bank v. Burkett, 101 111. 394, 40 Am. Rep. 209; State v. Robinson, 20 N. C. 130, 32 Am. Dec. 661; Thomas v. State, 30 Ark. 435. Malicious mischief or damage is a species of injury to private property, which the law considers as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss, but either out of a spirit of wanton cruelty or wicked revenge. In this latter light it bears a near relation to the crime of arson, for, as that affects tbe habitation, so does this the property, of individuals; and therefore any damage arising from this mischievous disposition, though only a trespass at the common law is now, by several statutes, made severely penal. Jacob.-Malicious prosecution. A judicial proceeding instituted against a person out of the prosecutor's malice and ill will, with the intention of injuring him, without probable cause to sustain it, the pro* cess and proceedings being regular and formal, but not justified by the facts. For this injury an action on the case lies, called the "action of malicious prosecution." Hicks v. Brantley, 102 Ga. 264, 29 S. E. 459- Eggett v. Allen, 119 Wis. 625, 96 N. W. 803: Harpham v. Whitney, 77 111. 38; Lauson v. Charroux, 18 R. I. 467, 28 Atl. 975; Friabie v. Morris, 75 Conn. 637, 55 Atl. 9.-Malicious trespass. The act of one who maliciously or mischievously injures or causes to be injured any propertv of another or any public property. State v. McKee, 109 Ind. 497, 10 N. E. 405; Hannel v. State, 4 Ind. App. 485, 30 N. E. 1118. Less...

To malign or slander; also to maim.

To malign or slander; also to maim. Less...

To feign sickness or any physical disablement or mental lapse or derangement, especially for the purpose of escaping tbe performance of a task, duty, or work.

To feign sickness or any physical disablement or mental lapse or derangement, especially for the purpose of escaping tbe performance of a task, duty, or work. Less...

Lat. Actual evil design; express malice. -Malitia prsscogitata. Malice aforethought Malitia est acida; est audi animi af-f eetus. Malice is sour; it is the quality of a bad mind. 2 Bulst 49. Malitia supplet setatem. Malice supplies [the want of] age. Dyer, 1046; Broom, Max. 316. Malitiis hominum est obviandum. More...

Lat. Actual evil design; express malice. -Malitia prsscogitata. Malice aforethought Malitia est acida; est audi animi af-f eetus. Malice is sour; it is the quality of a bad mind. 2 Bulst 49. Malitia supplet setatem. Malice supplies [the want of] age. Dyer, 1046; Broom, Max. 316. Malitiis hominum est obviandum. The wicked or malicious designs of men must be thwarted. 4 Coke, 15b. Less...

In old European law. A court of the higher kind in which the more important business of the county was dispatched by the count or earl. Spelman. A public national assembly.

In old European law. A court of the higher kind in which the more important business of the county was dispatched by the count or earl. Spelman. A public national assembly. Less...

Lat. With an evil mind; with a bad purpose or wrongful intention ; with malice.

Lat. With an evil mind; with a bad purpose or wrongful intention ; with malice. Less...