| malice |
| ['ma-les]
1 a: the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b: wanton disregard for the rights of others or for the value of human life c: an improper or evil motive or purpose Example: if malice cannot be proved or a benign purpose can be imagined -- David Kairys d: "actual malice § 2" in this entry 2: feelings of ill will, spite, or revenge Note: Such feelings are usu. not an important component of malice in legal consideration unless punitive damages or actual malice is an issue.
actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : "malice § 2" (called also express malice, malice in fact) 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : "reckless disregard of the truth" (see also public figure New York Times Co. v. Sullivan in the Important Cases section)
implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse also : malice inferred from subjective awareness of duty or of the likely results of one's act (called also legal malice, malice in law)
malice aforethought : actual or implied malice existing in or attributed to the intention of one that injures or esp. kills without justification or excuse and usu. requiring some degree of deliberation or premeditation or wanton disregard for life Example: murder is the unlawful killing of a human being, or a fetus, with malice aforethought -- California Penal Code
malice in fact : "actual malice § 1" in this entry
malice in law : "implied malice" in this entry
|