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Synonym of Malice: Malice Synonyme from Moby Thesaurus Moby Thesaurus malice Synonyms and related words:Anglophobia, Russophobia, abhorrence,. Antonyms for malice: empathy, loving, veneration, hospitality, infatuation, agreement, passion, ardor, concord, love, devotion, morality, amicability, respect, comity.
Malice (n.)c. 1300, 'desire to hurt another, propensity to inflict injury or suffering, active ill-will,' from Old French malice 'ill will, spite, sinfulness, wickedness' (12c.), from Latin malitia 'badness, ill will, spite,' from malus 'bad, unpleasant' (see ). In legal use, 'a design or intention of doing mischief to another without justification or excuse' (1540s).Actual malice, express malice, malice in fact, malice in which the intention includes a contemplation of some injury to be done.- Constructive malice, implied malice, imputed malice, malice in law, that which, irrespective of actual intent to injure, is attributed by the law to an injurious act intentionally done, without proper motive, as distinguished from actual malice, either proved or presumed. Malice aforethought, or malice prepense, actual malice particularly in case of homicide. Century Dictionary.
MaliceThe intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.In its legal application, the term malice is comprehensive and applies to any legal act that is committed intentionally without or excuse. It does not necessarily imply personal hatred or ill feelings, but rather, it focuses on the mental state that is in reckless disregard of the law in general and of the legal rights of others.
An example of a malicious act would be committing the tort of slander by labeling a nondrinker an alcoholic in front of his or her employees.When applied to the crime of murder, malice is the mental condition that motivates one individual to take the life of another individual without just cause or provocation.In the context of the, public officials and public figures must satisfy a standard that proves actual malice in order to recover for libel or slander. The standard is based upon the seminal case of new york times v. Sullivan, 376 U.S. 2d 686 (1964), where the Supreme Court held that public officials and public figures cannot be awarded damages unless they prove that the person accused of making the false statement did so with knowledge that the statement was false or with reckless disregard as to the truth or falsity of the statement. Demonstrating malice in this context does not require the plaintiff to show that the person uttering the statement showed ill will or hatred toward the public official or public figure. A conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim.
This intention includes ill-will, hatred, or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying 'I did it because I was mad at him, and I hated him,' which would be express malice. Malice is an element in first degree murder.
In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a 'public figure' to win a lawsuit for defamation. (See:, )MALICE, crim. A wicked intention to do an injury.
115, 505:1 Gall. It is not confined to the intention of doing an injury toany particular person, but extends to an evil design, a corrupt and wickednotion against some one at the time of committing the crime; as, if Aintended to poison B, conceals a quantity of poison in an apple and puts itin the way of B, and C, against whom he had no ill will, and who, on thecontrary, was his friend, happened to eat it, and die, A will be guilty ofmurdering C with malice aforethought. Law,727; 3 Chit. Malice is express or implied.
It is express, when the party evincesan intention to commit the crime, as to kill a man; for example, modernduelling. It is implied, when an officer of justice is killedin the discharge of his duty, or when death occurs in the prosecution ofsome unlawful design.3. It is a general rule that when a man commits an act, unaccompaniedby any circumstance justifying its commission, the law presumes he has actedadvisedly and with an intent to produce the consequences which have ensued.3 M. 15; Foster, 255; 1 Hale, P. 455; 1 East, P. 223 to 232, and340; Russ. 207; 1 Moody, C.
Murder and Homicide, C 2. Malice aforethought isdeliberate premeditation. Vide Aforethought.MALICE, torts. The doing any act injurious to another without a just cause.2. This term, as applied to torts, does not necessarily mean that whichmust proceed from a spiteful, malignant, or revengeful disposition, but aconduct injurious to another, though proceeding from an ill-regulated mindnot sufficiently cautious before it occasions an injury to another.
Indeed in some cases it seems not to require any intention in orderto make an act malicious. When a slander has been published, therefore, theproper question for the jury is, not whether the intention of thepublication was to injure the plaintiff, but whether the tendency of thematter published, was so injurious. Again, take the common case of an offensive trade, the melting oftallow for instance; such trade is not itself unlawful, but if carried on tothe annoyance of the neighboring dwellings, it becomes unlawful with respectto them, and their inhabitants may maintain an action, and may charge theact of the defendant to be malicious.
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