Malice in United States

Malice Definition

In Crimes. In its broadest legal sense, the term is substantially synonymous with “criminal intent,” and means the state of mind of a person, irrespective of his motive, whenever he consciously violates the law. In this sense, every person who is sui juris, and who, without justification or excuse, willfully does an act which is prohibited and made punishable by law as a crime, does the act maliciously. 1 Clark & Marshall, Crimes, 139. Malice, in its legal sense, characterizes all acts done intentionally with an evil disposition, a wrong and unlawful motive and purpose; the willful doing an injurious act without lawful excuse. 9 Mete. (Mass.) 93, or just cause, 194 Mich. 197; 4 B. & C. 255; 107 Mich. 215. Malice implies not only willfulness, but an absence of lawful excuse. 12 Fla. 117. In relation to particular crimes, the term is sometimes used in a narrower sense. Thus, as applied to the offense of malicious mischief, it implies a sense of resentment or ill will towards the owner of the property injured. 3 Cush. (Mass.) 558. Malice is either express or implied. Express malice is actual malice, and exists where a person actually contemplates the injury or wrong which he inflicts. Implied malice, otherwise called “constructive malice,” or “malice in law,” is that which is imputed by the law from the nature of the act done, irrespective of the actual intent of the party. See 10 N. Y. 120. In Torts. Generally, malice implies no more than an absence of legal excuse (4 Wend. [N. Y.] 13) ; a mind not sufflciently cautious before it inflicts injury upon another (11 Serg. & R. [Pa.] 39) ; but in some connections, as, for example, to authorize the allowance of punitive damages, there must be either actual ill will, or a wanton disregard of consequences (37 Mich. 34; 77 111. 280). Malice, to render one liable in punitive damages, contemplates not merely an injurious act, but an act conceived in a spirit of mischief, or of willful indifference to civil obligations. See 91 U. S. 489. Specific ill will is not essential (27 Mo. 28) ; but a general wanton desire to annoy is sufficient to constitute malice (2 Hilt. [N. Y.] 40).

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Legal Issue for Attorneys

In Crimes. In its broadest legal sense, the term is substantially synonymous with “criminal intent,” and means the state of mind of a person, irrespective of his motive, whenever he consciously violates the law. In this sense, every person who is sui juris, and who, without justification or excuse, willfully does an act which is prohibited and made punishable by law as a crime, does the act maliciously. 1 Clark & Marshall, Crimes, 139. Malice, in its legal sense, characterizes all acts done intentionally with an evil disposition, a wrong and unlawful motive and purpose; the willful doing an injurious act without lawful excuse. 9 Mete. (Mass.) 93, or just cause, 194 Mich. 197; 4 B. & C. 255; 107 Mich. 215. Malice implies not only willfulness, but an absence of lawful excuse. 12 Fla. 117. In relation to particular crimes, the term is sometimes used in a narrower sense. Thus, as applied to the offense of malicious mischief, it implies a sense of resentment or ill will towards the owner of the property injured. 3 Cush. (Mass.) 558. Malice is either express or implied. Express malice is actual malice, and exists where a person actually contemplates the injury or wrong which he inflicts. Implied malice, otherwise called “constructive malice,” or “malice in law,” is that which is imputed by the law from the nature of the act done, irrespective of the actual intent of the party. See 10 N. Y. 120. In Torts. Generally, malice implies no more than an absence of legal excuse (4 Wend. [N. Y.] 13) ; a mind not sufflciently cautious before it inflicts injury upon another (11 Serg. & R. [Pa.] 39) ; but in some connections, as, for example, to authorize the allowance of punitive damages, there must be either actual ill will, or a wanton disregard of consequences (37 Mich. 34; 77 111. 280). Malice, to render one liable in punitive damages, contemplates not merely an injurious act, but an act conceived in a spirit of mischief, or of willful indifference to civil obligations. See 91 U. S. 489. Specific ill will is not essential (27 Mo. 28) ; but a general wanton desire to annoy is
sufficient to constitute malice (2 Hilt. [N. Y.] 40).

This definition of Malice Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Further Reading (Articles)

Change is hard enough. did it have to be done with malice? say it isn’t no: a name change done with malice blindsides us.(Daily Break), The Virginian-Pilot (Norfolk, VA); March 10, 2012

Without Malice, Manila Bulletin; June 24, 2005

`Malice’ set to chart new trends, New Straits Times; June 27, 2001; Subashini Nair

BELMONT STAKES ; ACT OF MALICE; Longshot Palace Malice Holds off Oxbow,; Orb to Claim Triple Crowns Final Leg, Sunday Gazette-Mail; June 9, 2013; Rosenblatt, Richard

Give Malice Green justice, Michigan Chronicle; May 16, 2000

Two Officers Guilty in Detroit’s Malice Green Death, NPR All Things Considered; August 23, 1993

Palace Malice Captures Belmont, Telegraph – Herald (Dubuque); June 9, 2013; rosenblatt, richard

Palace Malice Pulls off Upset, Daily Herald (Arlington Heights, IL); June 9, 2013

Reviews; `Malice’: Men In Danger, The Washington Post; October 1, 1993; Hal Hinson

Palace Malice scores upset in Belmont Stakes, AP Online; June 8, 2013; By RICHARD ROSENBLATT

Palace Malice Wins Belmont Stakes in Upset, The Christian Science Monitor; June 9, 2013; Rosenblatt, Richard

Malice/gross negligence.(Medicolegal Issues), Baylor University Medical Center Proceedings; October 1, 2006; Thornton, Russell G.

Belmont Stakes: PALACE MALICE OUTRUNS CROWN WINNERS, The Gazette (Colorado Springs, CO); June 9, 2013; Herald-Leader, Lexington

Palace Malice Scores Big Upset in Belmont Stakes, The Commercial Appeal (Memphis, TN); June 9, 2013; Rosenblatt, Richard

Analysis: Malice Domestic awards Agatha to Margaret Maron, NPR Morning Edition; May 7, 2001; BOB EDWARDS;

Palace Malice Pulls Away as Oxbow Jockey Bows Out, The Virginian-Pilot (Norfolk, VA); June 9, 2013

Malvo Jurors Clarify ‘Malice’; Judge Denies Request to See Chevy Again, The Washington Times (Washington, DC); December 18, 2003

THRILLING ‘MALICE’ DECEIVES WITH CLEVER PLOT TWISTS, Post-Tribune (IN); October 1, 1993

Palace Malice Scores Upset in Belmont Stakes, Idaho State Journal; June 9, 2013

Palace Malice Stuns Favorites in Belmont, Manila Bulletin; June 10, 2013

Malice meaning

The intentional doing of an act without justification or excuse and intending to do harm. Malice is one of the preconditions which if found will support an award of punitive damages.

in Libel:
Becker v. Brinkop, 230 Mo.App. 871, 78 S.W.2d 538,

in defamation:
Rice v. Winkelman Boys Apparel, Inc., 13 Mich.App. 281,
New York Times Corp. v. Sullivan, 11 L.Ed.2d 686.

Malice in the context of Juvenile and Family Law

Definition ofMalice published by the National Council of Juvenile and Family Court Judges:The intentional commission of a wrongful act without legal justification with the intent of inflicting injury or harm, or under circumstances such that the person acting should reasonably have known that injury or harm would result.