malice Quick reference
The Oxford Dictionary of Idioms (4 ed.)
... malice malice aforethought the intention to kill or harm which is held to distinguish unlawful killing from ...
Malice Reference library
Brewer's Dictionary of Phrase & Fable (19 ed.)
... In addition to its common meaning, ‘malice’ is a term in English law to designate a wrongful act carried out against another intentionally, without just cause or excuse. This is commonly known as ‘malice aforethought’. ‘Malicious damage’ was a legal term meaning damage done to property wilfully and purposely (since 1971 it has been known as criminal damage), and ‘malicious prosecution’ means the instituting of a criminal prosecution, or the presentation of a bankruptcy petition, maliciously and without reasonable cause. Malice prepense Malice...
malice Quick reference
Oxford Dictionary of Word Origins (3 ed.)
...malice [ME] Malice goes back to Latin malus ‘bad’, the source also of malign [ME], malaise [M18th], maleficent [L17th], via French from Latin maleficium ‘evil deed, sorcery’ and the first part of malevolent [E16th], the second half being from Latin volens ‘willing’. Since the 15th century malice has been a legal term, found especially in malice aforethought [LME] ‘thought before’, the intention to kill or harm which distinguishes murder from...
malice Quick reference
A Dictionary of Law (10 ed.)
...be exercised solely in order to cause damage to a neighbour. However, in some cases malice can be relevant. An action for malicious prosecution requires proof that the prosecution was instigated maliciously, i.e. without reasonable and probable cause. In defamation , a malicious motive invalidates the defence of qualified privilege ( see motive malice and deceit malice ). Malice is also relevant to liability for conspiracy to injure someone. In nuisance malice renders an otherwise lawful act...
malice Quick reference
A Dictionary of Law Enforcement (2 ed.)
... (in criminal law) A state of mind ( see mens rea ) usually taken to be equivalent to intention or recklessness : it does not require any hostile attitude. Malice is said to be transferred when someone intends to commit a crime against one person but in fact commits the same crime against someone else (e.g. if he intends to shoot X but misses, and instead kills Y). Malice is universal (or general ) when the accused has no particular victim in mind (e.g. if he shoots into a crowd intending to kill anyone). In both cases this constitutes mens rea...
malice Reference library
Australian Law Dictionary (3 ed.)
...malice The desire to harm someone; dislike strong enough to motivate action. Malice aforethought , a phrase dating back to coke ( 1552–1634 ), denotes the intention to kill or cause serious injury to a person. While this intention is the mental element ( fault element ) necessary for murder , except where the facts of the case are those of constructive murder ( see felony murder rule ), the phrase is no longer in general use. If an act is done with the knowledge that there is a high likelihood of its causing death or grievous bodily harm , the mental...
malice aforethought Reference library
Garner's Modern English Usage (5 ed.)
...mid-1800s, writers have occasionally written ⋆ malice and forethought or ⋆ malice of forethought . These are essentially mondegreens . Current ratio in print ( malice aforethought vs. ⋆ malice and forethought vs. ⋆ malice of forethought ): 79:1:1 ...
implied malice Quick reference
A Dictionary of Law Enforcement (2 ed.)
...malice Mens rea that the law considers sufficient for a crime, although there is no intention to commit that crime. The term is usually now used only in relation to murder , referring to the intention to cause grievous bodily harm ( see malice aforethought...
malice aforethought Quick reference
A Dictionary of Law (10 ed.)
... aforethought The mens rea (state of mind) required for a person to be guilty of murder. It is unnecessary for there to be any element of hostility ( see malice ) or for the intention to kill to be “forethought” (i.e. premeditated). The term covers: 1. intention to kill ( direct express malice aforethought ); 2. intention to cause grievous bodily harm ( direct implied malice aforethought ); 3. realizing while doing a particular act that death would be a virtually certain result ( indirect express malice : R v Woollin [ 1999 ] AC 82); 4. ...
malice aforethought Quick reference
A Dictionary of Law Enforcement (2 ed.)
... aforethought The mens rea (state of mind) required for a person to be guilty of murder. It is unnecessary for there to be any element of hostility ( see malice ) or for the intention to kill to be ‘forethought’ (i.e. premeditated). The term covers: (1) intention to kill ( direct express malice aforethought ); (2) intention to cause grievous bodily harm ( direct implied malice aforethought ); (3) realizing while doing a particular act that death would be a virtually certain result ( indirect express malice : R v Woollin [ 1999 ] AC 82); (4)...
implied malice Quick reference
A Dictionary of Law (10 ed.)
...malice Mens rea that the law considers sufficient for a crime, although there is no intention to commit that crime. The term is usually now used only in relation to murder, referring to the intention to cause grievous bodily harm ( R v Woollin [ 1999 ] AC 82 (HL)). See also malice aforethought...
Actual Malice Reference library
Bill F. Chamberlin
The Oxford Companion to the Supreme Court of the United States (2 ed.)
...The Court has said that actual malice is distinct from common‐law malice, which requires proof of hatred or ill will. In Masson v. New Yorker Magazine, Inc. ( 1991 ), the Court reaffirmed its commitment to the principles of actual malice but said that use of the term “actual malice” can be confusing and that judges therefore should use the phrases “knowledge of falsity” and “reckless disregard as to the truth” when giving jury instructions. Since public officials and public figures have been required to prove actual malice, they have rarely won libel ...
motive malice and deceit malice Quick reference
A Dictionary of Law (10 ed.)
...malice and deceit malice The tort of malicious falsehood requires that the defendant should maliciously publish falsehoods concerning the claimant or his property (typically, goods traded by the claimant). Either motive malice or deceit malice will suffice. If there is intent to harm ( motive malice ), then an honest belief in the truth of his false statement will not assist the defendant. If there is no belief in its truth ( deceit malice ), then lack of intent to harm will not assist...
malice n Reference library
The Oxford Dictionary of Original Shakespearean Pronunciation
...malice n = sp malice 56 , mallice 16 ...
malice Quick reference
The Oxford Dictionary of Phrase and Fable (2 ed.)
... bear malice the desire to harm someone, especially through a sense of personal injury. malice aforethought in law, the intention to kill or harm which is held to distinguish unlawful killing from...
malice Quick reference
The Concise Oxford Dictionary of English Etymology
... XIII. — (O)F. — L. malitia , f. malus bad; see MAL- . So malicious XIII. — OF. malicius (mod. -ieux ). — L. malitiōsus...
malice Quick reference
New Oxford Rhyming Dictionary (2 ed.)
... • Alice , chalice, challis, malice, palace, Tallis • aurora australis • Ellis , trellis • necklace • aurora borealis , Baylis, digitalis, Fidelis, rayless • ageless • aimless • keyless • amaryllis , cilice, Dilys, fillis, Phyllis • ribless • lidless • rimless • kinless , sinless, winless • lipless • witless • contactless • annus mirabilis • annus horribilis • syphilis • eyeless , skyless, tieless • polis , solace, Wallace • joyless • Dulles , portcullis • accomplice • Annapolis , Indianapolis, Minneapolis • Persepolis • ...
Malice Reference library
The Encyclopedia of Popular Music (4 ed.)
... This Los Angeles band emerged from the local club scene of the early 80s with a sound influenced by European metal, particularly Judas Priest . Indeed, Malice were widely described as Priest clones, not only for their twin guitar-based sound and James Neal’s vocal similarities to Rob Halford, but also for their leather-clad image and guitarist Jay Reynolds’ distinct resemblance to KK Downing. Malice, completed by Mick Zane (guitar), Mark Behn (bass) and Peter Laufman (drums), recorded a stunning five-track demo, with producer Michael Wagener, that had...
