Malice

Definition

Desire to do harm; anger, hatred.

Purpose

Malice refers to the intention to cause harm or suffering to others, often used in legal contexts to establish the motive behind criminal or tortious actions. It is a key element in certain legal claims and prosecutions.

Examples of Use

• Criminal law: Establishing malice aforethought in cases of murder or serious assault.
• Defamation cases: Proving that false statements were made with malice to harm someone's reputation.
• Tort law: Demonstrating malicious intent in cases of intentional infliction of emotional distress.

Related Terms

• Intent: The state of mind directing a person's actions toward a specific objective.
• Negligence: Failure to take reasonable care to avoid causing injury or loss to another person.
• Mens Rea: The mental state of intent to commit a crime, necessary for establishing criminal liability.

Notes

• Malice can be expressed through actions, words, or conduct that demonstrates a desire to harm.
• Proving malice often requires evidence of the defendant's state of mind or behavior leading up to the harmful act.
• Legal definitions and requirements for proving malice vary by jurisdiction and the specific context of the case.