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Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
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Cunningham (1957) 2 AER 412 was the pivotal case in establishing both that the test for "maliciously" was subjective rather than objective, and that malice was inevitably linked to recklessness. In that case, a man released gas from the mains into adjoining houses while attempting to steal money from the pay-meter:
Gross negligence is used as a standard for criminal law, for example, under manslaughter in English law. [4] Under common law, criminal negligence is defined as a gross deviation from a reasonable standard of care.
Malicious compliance (also known as malicious obedience) is the behavior of strictly following the orders of a superior despite knowing that compliance with the orders will have an unintended or negative result.
The modern definition of recklessness has developed from R v Cunningham [1957] 2 QB 396 in which the definition of 'maliciously' for the purposes of the Offences against the Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. As a ...
A.B., on the day of , in the county of , maliciously set fire to a dwelling-house, one F.G. being therein. STATEMENT OF OFFENCE. Second Count. Arson, contrary to section 3 of the Malicious Damage Act, 1861. PARTICULARS OF OFFENCE. A.B., on the day of , in the county of , maliciously set fire to a house with intent to injure or defraud.
The term antonym (and the related antonymy) is commonly taken to be synonymous with opposite, but antonym also has other more restricted meanings. Graded (or gradable) antonyms are word pairs whose meanings are opposite and which lie on a continuous spectrum (hot, cold).