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Topic: Malice (legal term)

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	Malice (legal term) - Wikipedia, the free encyclopedia
		Malice is a legal term referring to a party's intention to do injury to another party.
		Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.
		Malice could be shown if the acts were done in the knowledge of invalidity or lack of power and with knowledge that it would cause or be likely to cause injury.
	en.wikipedia.org /wiki/Malice_(legal_term) (591 words)

	Malice - Wikipedia, the free encyclopedia
		Malice (legal term), a legal term describing the intent to harm
		Malice (noun), a way to describe the feeling of hatred or disrespect.
		Malice (comics), the name of two different Marvel Comics characters.
	en.wikipedia.org /wiki/Malice (157 words)

	Legal Terms
		The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought.
		A parent who has legal custody has the right to be involved in all the decision making typically involved with being a parent, such as religious upbringing, education and medical decisions.
		PRELIMINARY HEARING: Legal proceeding used in some states in which a prosecutor presents evidence to a judge in an attempt to show that there is probable cause that a person committed a crime.
	www.courttv.com /legalterms/glossary.html (8617 words)

	Natural Law [Internet Encyclopedia of Philosophy]
		Accordingly, an unjust law can be legally valid, but it cannot provide an adequate justification for use of the state coercive power and is hence not obligatory in the fullest sense; thus, an unjust law fails to realize the moral ideals implicit in the concept of law.
		For example, public promulgation in understandable terms may be a necessary condition for efficacy, but it is also a moral ideal; it is morally objectionable for a state to enforce rules that have not been publicly promulgated in terms reasonably calculated to give notice of what is required.
		Legal standards, for example, are necessarily promulgated in general terms that inevitably give rise to problems of vagueness.
	www.iep.utm.edu /n/natlaw.htm (5769 words)

	USS Clueless - Open letter
		Publication of defamatory material "with knowledge that it was false or reckless disregard of whether it was false or not." The term originated in a landmark 1964 case in which the Supreme Court ruled that 'public officials' could not recover damages from defamatory material unless they established that it was published with actual malice.
		Actual malice involves making a statement with "knowledge of falsity or reckless disregard as to truth or falsity." A public figure must show by clear and convincing evidence that the defendant "in fact entertained serious doubts as to the truth of his [statements] or acted with a high degree of awareness of.
		That means you, and it means me. The actual legal term of art is "Limited purpose public figure", which means that they are a public figure but only within some specific context, and outside that context they are still considered a private figure.
	denbeste.nu /cd_log_entries/2002/08/Openletter.shtml (1786 words)

	[No title]
		Malice aforethought - A legal "term of art" [read: oxymoron] because, strictly speaking, it does not mean "malice" or "aforethought".
		PA in the 1790's was the first jurisdiction to distinguish between 1st and 2nd degree murderers as a way of removing less culpable murderers from the class of homicides punishable with the death penalty.
		Malice is presumed by committing an inherently dangerous felony.
	www.ibiblio.org /jwsnyder/outlines/crimf92.txt (13696 words)

	Brooklyn Law School: Students
		Legal homonyms are potentially dangerous because a layperson may think that he knows what they mean, whereas the terms may mean something quite different in the law.
		Although the difference between express and implied malice may occasionally be relevant from a legal standpoint, one wonders whether it is essential to burden the jury with this terminological nicety.
		One possible reason for using an archaic-sounding legal term like malice aforethought is that jurors may expect to hear it in a murder case and may wonder about it if they do not, as in the case of circumstantial evidence.
	www.brooklaw.edu /students/journals/blr/blr66iv_tiersma.php (10840 words)

	THE NEWS BLOG
		Libel is a legal term that describes a written form of defamation, which the dictionary defines as a "false or unjustified injury to someone's good reputation." Sometimes the word slander is used in the same breath as libel.
		Negligence, like malice, is a legal term that generally means carelessness on the part of a reporter or editor.
		Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term which means the defendant knew his statement was false or recklessly disregarded the truth or falsity of his statement.
	stevegilliard.blogspot.com /2005/03/blogging-2-libel.html (2162 words)

	CJCENTRAL: Criminal Law Today, 2E: Glossary
		a legal term which refers to the intentional doing of a wrongful act without just cause or legal excuse.
		Manslaughter differs from murder in that malice and premeditation are lacking.
		According to the common law, the killing of one human being by another with malice aforethought.
	www.prenhall.com /cjcentral/crimlaw/glossary/m.html (599 words)

	Language Log: With eggcorn aforethought?
		Webster's 2nd defines aforethought adequately, with a reference to the relevant legal term: "Premeditated; prepense; previously in mind; designed; as, malice aforethought, which is required to constitute murder.
		However, this is a very strange case, since the "mistaken" phrase means essentially the same thing that the "correct" one does, and has the extra advantage of being compositional in contemporary English.
		"Malice and forethought, the essentials of an evil will, were shown not to be necessary for organizing and structuring the machinery for the efficiency of the death camps.
	itre.cis.upenn.edu /~myl/languagelog/archives/001035.html (803 words)

	Legal Definition of Malice
		MALICE - A wicked intention to do an injury.
		It is express, when the party evinces an intention to commit the crime, as to kill a man; for example, modern duelling.
		This term, as applied to torts, does not necessarily mean that which must proceed from a spiteful, malignant, or revengeful disposition, but a conduct injurious to another, though proceeding from an ill-regulated mind not sufficiently cautious before it occasions an injury to another.
	www.lectlaw.com /def2/m075.htm (234 words)

	CJLF: Briefs: Atkins Brief - Summary of facts and case & Summary of Argument (File 1 of 3)
		The decision moves the analytical focus away from talismanic terms in the definition of the crime, to the policy behind the specific intent doctrine.
		This specialized legal term, when used in the context of arson, means intentional as opposed to accidental.
		Arson's malice requirement ensures that the firing is intentional as opposed to accidental.
	www.cjlf.org /briefs/AtkinsS.htm (820 words)

	Oregon Judicial Department Appellate Court Opinions
		As the majority demonstrates, under this court's punitive damages cases, the term "malice" encompasses the different kinds of wrongful conduct that traditionally have justified a jury awarding punitive damages, whether that conduct was intentionally wrongful, "wicked," "wanton," or recklessly in disregard of social obligations.
		Absent a separate definition of the term, the legislature must be deemed to have meant to use the term in that traditional, well-understood sense.
		In the same year that the legislature enacted ORS 18.550, this court commented on the evolution of the term, noting that as punitive damages were extended beyond torts involving actual ill-will "to other forms of culpable misconduct, * * * 'malice' was redefined to encompass them." Andor v.
	www.publications.ojd.state.or.us /S49323.htm (2465 words)

	Browse Caselaw
		This definition of actual malice is contrary to the holding of this Court in Merrow v.
		The Merrow definition of actual malice as "a deliberate intention to do wrong" eliminates this absurd consequence by recognizing that the subjective mental state of a public officer or employee is irrelevant unless that mental state prompts the public officer or employee to intend a legally unjustifiable action.
		1 The legal term "actual malice" is also found in libel or defamation cases when statements are made " 'with knowledge that they were false or with reckless disregard for their truth or falsity.' " Gardner v.
	www.lawskills.com /case/ga/id/802 (1003 words)

	firstamendmentcenter.org: Press - Topic
		In many states, the statement was presumed false and the defendant had the burden of proving the truth of his or her statement.
		In essence, defamation was a strict-liability tort, as observed by legal scholar Rex Heinke.
		The judge instructed the jury that falsity and malice are presumed.
	www.firstamendmentcenter.org /Press/topic.aspx?topic=libel_defamation (3548 words)

	A Threat That Wastes No Space -- Chilling Effects Clearinghouse
		Answer: Malice is often defined as, "the intent, without justification or excuse, to commit a wrongful act." It is the conscious, intentional wrongdoing with the intent of doing harm to do the victim.
		"Actual malice" is a legal term of art that is mainly relevant to defamaton claims.
		"Actual Malice" is found to be present when a false statement is published with either a) actual knowledge of its falsity or b) reckless disregard for its falsity-- a "should have known" standard.
	www.chillingeffects.org /protest/notice.cgi?NoticeID=1997&print=yes (638 words)

	PART I (Site not responding. Last check: 2007-10-10)
		Any legal term or word of art used in this chapter, not otherwise defined, shall have such meaning as is consistent with the common law.
		No person shall be competent to give expert medical testimony as to applicable standards of skill and care unless such person is familiar with the degree of skill ordinarily employed in the field of medicine on which he or she will testify.
		Injuries shall not be considered maliciously intended in instances in which unforeseen damage or injury results from intended medication, manipulation, surgery, treatment or the intended omission thereof, administered or omitted without actual malice or if the intended treatment is applied or omitted by mistake to or for the wrong patient or wrong organ.
	www.delcode.state.de.us /title18/c068/sc06 (1227 words)

	Dog Bite Legal Term Dictionary
		In the legal sense, a mistaken interpretation of facts or application of the law that can prove grounds for an appeal.
		These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the defendant.
		Such damages are intended to punish the defendant for his evil behavior or make an example of him or her.
	www.dogbitelegalcenter.com /legal-terminology/e.html (172 words)

	Law Office of Anthony J. Sperber
		The term “defamation” refers to both libel and slander, both of which are tort claims for false and damaging statements that are communicated to others.
		“Privilege” refers to a legal protection that is given to certain types of socially valued communications, such as media reports of official proceedings or reports of crimes to government agencies.
		Public figures, such as government officials, celebrities, well-known individuals, and people involved in specific public controversies, are required to prove actual malice, a legal term that means the defendant knew the statement was false or recklessly disregarded the truth or falsity of the statement.
	www.sperberlaw.com /practice.htm (1180 words)

	NATIONAL REVIEW: Did CBS Commit Actual Malice (Libel)? (Site not responding. Last check: 2007-10-10)
		Malice means intent to cause harm, through their defamatory practice (the libel and slander).
		I believe the standard articulated in the New York Times case states that the publication knew that the report is false, knew that it would damage the character of the public official and the publication chose to publish it anyway.
		President Ronald Reagan’s second term was ending, Americans were ready to launch the presidency of George H.W. Bush, and in Sacramento, California, a “loveable little fuzzball” stepped behind a microphone, replacing Morton Downey, Jr, and giving us his brand of conservative truth.
	www.freerepublic.com /focus/f-news/1216176/posts (3942 words)

	The New York Times - Wikipedia, the free encyclopedia
		Sullivan, which established the actual malice legal test for libel.
		Further investigation and experimentation have confirmed the findings of Isaac Newton in the 17th century, and it is now definitely established that a rocket can function in a vacuum as well as in an atmosphere.
		On November 15, 1992, the Times published a list of slang terms (known as "grunge speak") that were supposedly used in the Seattle grunge scene.
	en.wikipedia.org /wiki/The_New_York_Times (4231 words)

	F. Harrison Green: Ohio Medical Malpractice Attorney, Medical Malpractice Lawsuit, Auto Accidents
		Personal injury is part of the law of torts, the legal term that includes many types of injuries to people and their property.
		The defendant's breach of a legal duty must be related to the plaintiff's injury closely enough to be considered a proximate cause of the injury.
		The term negligence is essential to tort law.
	www.ohio-indianamalpractice.com /ohio_faqs.html (4085 words)

	Legal Definition of 'Malice, Actual'
		Actual malice involves making a statement with "knowledge of falsity or reckless disregard as to truth or falsity." Masson, 501 U.S. at 511.
		The First Amendment requires a plaintiff who is a public figure to demonstrate actual malice by clear and convincing evidence.
		"The question whether the evidence in the record in a defamation case is sufficient to support a finding of actual malice is a question of law." Milkovich v.
	www.lectlaw.com /def2/m006.htm (235 words)

	[No title]
		Appellee submits that the allowance of the testimony of expert witnesses is a matter solely within the discretion of the trial court, and in the case at bar the trial court properly assessed the competence of the experts and their assistance to the trier of fact.
		On appeal, appellant complained that the State failed to establish that the expert understood the legal meaning of the terms malice and premeditation and that the expert was being asked to draw a conclusion on the ultimate facts in issue.
		For the purpose of clarity, throughout this opinion we use the term "consist" to identify the westbound train that struck Seven Craighead, and the term "train" to identify the eastbound train that first encountered Steven on the tracks.
	www.state.wv.us /wvsca/docs/spring96/22946.htm (5104 words)

	Gavin's Blog.com: Responses to the John Gray situation
		To prove actual malice, a person needs to show that at the time of publication or broadcast, those responsible for the story either knew it was not true or had a reckless disregarded for the truth.
		My intent was not malice, and I did believe the story as read to be true, and by responding to the article I read I do not think I had a reckless disregard.
		As far as I know, "recognized" is a meaningless term: the important term is "accredited", meaning that the institution has been certified by one of the six regional accreditation agencies as offering a higher-education degree (in the case of California, the Western Association of Schools & Colleges).
	www.gavinsblog.com /mt/archives/000907.html (4307 words)

	Materials on Holding
		But when the opinions are ignored and the facts re-examined, all the cases holding the promise invalid are found to be cases of employees’ promises not to compete with their employers after a term of employment.
		With the possible exception of the legal term "malice," it is the most misleading expression in English law, for the reason which the judge gives for his decision is never the binding part of the precedent.
		The logic of the argument, the analysis of prior cases, the statement of the historical background may all be demonstrably incorrect in a judgment, but the case remains as a precedent nevertheless.
	www.sp.uconn.edu /~loftus/crim/holding.html (10339 words)

	Cagiest retraction I've ever seen...(I think)...;) - Beyond3D Forum
		The first thing I'd like to draw your attention to is the fact that March 2 falls within the 10-day deadline which the IL legal letter from this Florida law firm [H] published on March 2 demanded be met for a retraction, as the letter displays a date of February 27, 2004.
		Simply put, without such records indicating investor dissatisfaction with the ways in which Robbins and his groups have spent their money, there simply exists no basis for [H], you, or me, to conclude that investors are unhappy with Robbins and his groups, much less that they believe themselves to have been defrauded.
		I don't think he should have been surprised by either the lawsuit, or the fact that it was filed in Florida, since he knew IL was based in FLorida all along, and IL had apprised him of its grievances and that they would sue if he did not address them as they asked him to.
	www.beyond3d.com /forum/showthread.php?t=11514 (8751 words)

	Stark County Law Library Blog: March 2004 Archives
		In addition, the study enables legal KM professionals to identify areas for future KM research that would be most valuable for their initiatives and for their firms.
		This is a real chance for the global legal knowledge management community to practice what it preaches by "doing" knowledge management itself—sharing experiences, ideas, and knowledge to build greater knowledge and understanding—and maybe even a little wisdom.
		Posted by Robert Ambrogi: "At [the] ABA TechShow, the keynote had Louis Andreozzi, president and chief executive officer of LexisNexis North American Legal Markets, and Mike Wilens, president of West, square off in a joint presentation in which they were slated to share their visions of the future role of legal technology.
	temp.starklawlibrary.org /blog/archive/2004_03.html (8225 words)

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