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Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either expressed or implied.For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being.
The intent for the felony is transferred to the killing in this type of situation. [citation needed] The language of "malice" is mostly abandoned and intent element of a crime, such as intent to kill, may exist without a malicious motive, or even with a benevolent motive, such as in the case of euthanasia. [4]
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.
The adage was a submission credited in print to Ronald M. Hanlon of Bronx, New York , in a compilation of various jokes related to Murphy's law published in Arthur Bloch's Murphy's Law Book Two: More Reasons Why Things Go Wrong! (1980). [1] A similar quotation appears in Robert A. Heinlein's novella Logic of Empire (1941). [2]
English Common Law defines arson as "the malicious burning of the dwelling of another." [12] This definition has four elements: Malicious For purposes of common law arson, "malicious" refers to intention of starting the fire. Fires can be started on purpose or by accident.
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. It usually implies following an order in such a way that ignores or otherwise undermines the order's intent, but follows it to the letter.
In American substantive law, it refers to the period of a felony from start-to-end. In American procedural law, it refers to a former exception to the hearsay rule for statements made spontaneously or as part of an act. The English and Canadian version of res gestae is similar, but is still recognized as a traditional exception to the hearsay rule.
Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. [1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels. Generally, any intent to cause any one of these five torts which ...