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Ford contended that the "Exemplary damages" section of California's civil code [25] required an "evil motive," or an intent to injure the person harmed, for punitive damages, and argued absence of malice. The appellate court cited precedent that "malice" as used in California's "Exemplary damages" code included "not only a malicious intention ...
The House of Lords in Attorney General's Reference No 3 of 1994 [5] reversed the Court of Appeal decision (reported at (1996) 2 WLR 412), holding that the doctrine of transferred malice could not apply to convict an accused of murder when the defendant had stabbed a pregnant woman in the face, back and abdomen. Some days after she was released ...
"That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay." [1] Tennessee: Code Ann. § 23-1-109 "Any person may conduct and manage the person's own case in any court of this state ...
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. [1] 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 ...
Carol Burnett v. National Enquirer, Inc. was a decision by the California Court of Appeal, which ruled that the "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times Co. v. Sullivan to be liable for defaming a "public figure", and that the National Enquirer is not a "newspaper" for the purposes of ...
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.
Berry [1] is a voluntary manslaughter case that is widely taught in American law schools for the appellate court ' s unusual interpretation of heat of passion doctrine. Although the defendant had time to "cool down" between his wife's verbal admission of infidelity and the killing, the California Supreme Court held that the provocation in this ...
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