| 单词 | malice | ||||||
| 释义 | maliceenUKmal·iceM0060900 (măl′ĭs)malice(ˈmælɪs)mal•ice(ˈmæl ɪs)n.
malice"Malice is of a low stature, but it hath very long arms" [George Savile, Marquess of Halifax Political, Moral, and Miscellaneous Thoughts] "Malice is only another name for mediocrity" [Patrick Kavanagh] malicenounmalice(ˈmӕlis) nounmaliceenUKwith malice aforethoughtmalice aforethoughtmalice aforethoughtthe intention to kill or harm which is held to distinguish unlawful killing from murder.with ˌmalice aˈforethought(law) with the deliberate intention of committing a crime or harming somebody: Suddenly Guy, more by way of a nervous twitch than with malice aforethought, pulled the trigger.maliceenUKmalice,in law, an intentional violation of the law of crimes or tortstort,in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. ..... Click the link for more information. that injures another person. Malice need not involve a malignant spirit or the definite intent to do harm. To prove malice, it is sufficient to show the willful doing of an injurious act without what is considered a lawful excuse. A malicious state of mind may be inferred from reckless and wanton acts that a normal person should know might produce or threaten injury to others. Malice aforethought is a technical element of murdermurder, criminal homicide, usually distinguished from manslaughter by the element of malice aforethought. The most direct case of malicious intent occurs when the killer is known to have adopted the deliberate intent to commit the homicidal act at some time before it is actually ..... Click the link for more information. . In libel and slander cases, malice consists of publishing material out of spite or with evil intent, with a reckless disregard for its truth or falsity (see New York Times Company v. SullivanNew York Times Company v. Sullivan, case decided in 1964 by the U.S. Supreme Court. In 1960, the Times ran a fundraising advertisement signed by civil-rights leaders that criticized, among other things, certain actions of the Montgomery, Ala., police department. ..... Click the link for more information. ). malicemaliceenUKmaliceThe intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury, or under circumstances that the law will imply as an evil intent.malice(măl′ĭs) [L. malus, bad]MaliceenUKMaliceThe intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance. In its legal application, the term malice is comprehensive and applies to any legal act that is committed intentionally without Just Cause or excuse. It does not necessarily imply personal hatred or ill feelings, but rather, it focuses on the mental state that is in reckless disregard of the law in general and of the legal rights of others. An example of a malicious act would be committing the tort of slander by labeling a nondrinker an alcoholic in front of his or her employees. When applied to the crime of murder, malice is the mental condition that motivates one individual to take the life of another individual without just cause or provocation. In the context of the First Amendment, public officials and public figures must satisfy a standard that proves actual malice in order to recover for libel or slander. The standard is based upon the seminal case of new york times v. sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L. Ed. 2d 686 (1964), where the Supreme Court held that public officials and public figures cannot be awarded damages unless they prove that the person accused of making the false statement did so with knowledge that the statement was false or with reckless disregard as to the truth or falsity of the statement. Demonstrating malice in this context does not require the plaintiff to show that the person uttering the statement showed ill will or hatred toward the public official or public figure. malicen. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred, or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation. (See: malice aforethought, malicious prosecution, murder, defamation, libel, slander, public figure) MALICE, crim. law. A wicked intention to do an injury. 4 Mason, R. 115, 505: 1 Gall. R. 524. It is not confined to the intention of doing an injury to any particular person, but extends to an evil design, a corrupt and wicked notion against some one at the time of committing the crime; as, if A intended to poison B, conceals a quantity of poison in an apple and puts it in the way of B, and C, against whom he had no ill will, and who, on the contrary, was his friend, happened to eat it, and die, A will be guilty of murdering C with malice aforethought. Bac. Max. Reg. 15; 2 Chit. Cr. Law, 727; 3 Chit. Cr. Law,. 1104. MALICE, torts. The doing any act injurious to another without a just cause. maliceenUK
Synonyms for malice
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malice - feeling a need to see others suffer
malice - the quality of threatening evil