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Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.)
In U.S. law, this practice has been theorized as a form of uncivil obedience. [ 4 ] [ 5 ] Malicious compliance was common in the Soviet Union 's command economy ; examples are used in the studies of behavior, management, and economics to hypothetically show differences between the Soviet command economy and a free market .
The Supreme Court adopted the actual malice standard in its landmark 1964 ruling in New York Times Co. v. Sullivan, [2] in which the Warren Court held that: . The constitutional guarantees require, we think, a Federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with ...
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.
If the plaintiff can prove malice on the part of the defendant the common law defense of "fair comment" is defeated. The "actual malice" standard only applies when the statement is about a "public official", or a "public figure", or in some cases about a "matter of public interest".
Never attribute to malice that which is adequately explained by stupidity. It is a philosophical razor that suggests a way of eliminating unlikely explanations for human behavior. It is probably named after a Robert J. Hanlon, [ 2 ] who submitted the statement to Murphy's Law Book Two: More Reasons Why Things Go Wrong!
The jury found McDonagh, of no fixed address, guilty of “mute of malice” rather than by “visitation of God” under a centuries-old law. McDonagh made few audible responses during the two ...
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.