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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 civil law cases, a finding of malice allows for the award of ...
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.
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.
In law, fraud is an intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law or criminal law , or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. [ 1 ]
(Reuters) -A Los Angeles federal jury on Tuesday found disbarred California attorney Tom Girardi guilty of four counts of wire fraud after U.S. prosecutors accused him of stealing $15 million in ...
Bobbi Jo Heiss, 36, is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Aug. 21, 2023, and faces a maximum statutory penalty of 30 years in prison and a fine of $250,000 ...
California recognizes three categories of crime, distinguishable by the gravity of offense and severity of punishment: Felonies, Misdemeanors, and Infractions. [2] Regardless of category or specific offense, all valid crimes are required to have two elements: 1) an act committed or omitted In California, and 2) an articulated punishment as ...