Express Malice - Law Dictionary Search Results
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express malice : actual malice at malice ...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
malice
malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...
Fair comment
Fair comment. Fair comment on a matter of public interest is a good defence to an action of libel for words prima facie defamatory; but the defence will be of no avail if express malice is established, Thomas v. Bradbury, Agnew & Co., (1906) 2 KB 627. When the defence is one of fair comment the plaintiff is not entitled to particulars, Digby v. Financial News Ltd., (1907) 1 KB 502; but the defendant can administer interrogatories to the plaintiff, Walkr v. Hodgson, (1909) 1 KB 239. Whether words exceed the limit of 'fair comment' or not is a question for the jury, Dakhyl v. Labouchere, (1908) 2 KB 325 n. consult Odgers on Libel.A statement based on writers or speakers honest opinion about a matter of public concern; Black's Law Dictionary, 7th Edn., p. 616....
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
Despiteful
Full of despite expressing malice or contemptuous hate malicious...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
Manslaughter
Manslaughter, the unlawful killing of another without malice express or implied. It is either--(a) Voluntary, upon a sudden heat; or,(b) Involuntary, upon the commission of some other unlawful act, or by culpable negligence.Both are felony, and punished, at the discretion of the Court, by penal servitude for life, or not less than three yeas, or by a fine.--(English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 5.On the principle that any greater felony includes a less felony, a person indicted for murder may be convicted of manslaughter. See Steph. Dig., art. 272. See MURDER.A high degree of negligence is required before a charge of manslaughter can be established--the breach of a statutory duty causing death is not necessarily manslaughter, Andrews v. Director of Public Prosecutions, 1937 AC 576. See CHANCE...
fair comment
fair comment : a common-law privilege to criticize and comment on matters of public interest without being liable for defamation provided that the comment is an honest expression of opinion and free of malice ...
Murder
The offense of killing a human being with malice prepense or aforethought express or implied intentional and unlawful homicide...
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