Malicious - Law Dictionary Search Results
Home Dictionary Name: maliciousmalicious prosecution
malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause ;also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages called also malicious use of process; compare abuse of process ...
Damage, Malicious
Damage, Malicious. Punishable by the (English) Malicious Damage Act, 1861 (Chitty's Statutes, tit. 'Criminal Law'), arson, and injuries to mines, cattle, works of art, ponds, railway carriages, and bridges being punishable specially. As to injuries to real or personal property not specially provided for, see s. 51 of the Act and the (English) Criminal Justice Administration Act, 1914, s. 14, and the Fourth Schedule thereto....
Malicious prosecution
Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....
malicious
malicious : given to, marked by, or arising from malice [ destruction of property] ma·li·cious·ly adv ma·li·cious·ness n ...
malicious mischief
malicious mischief : the act or offense of intentionally damaging or destroying another's property (as from feelings of ill will) compare vandalism ...
malicious mischief
Malicious and willful destructionof or injury to the property of others it is an offense at common law...
Malicious Damage Act, 1861
Malicious Damage Act, 1861 [(English) 24 & 25 Vict. c. 97], consolidating and amending the law as to arson (q.v.) and other damage to property. The Act has been amended by the Criminal Justice Administration Act, 1914, s. 14; also (animals), 1 & 2 Geo. 5, c. 27, and 2 & 3 Geo. 5, c. 17; (fishing waters), 13 & 14 Geo. 5, c. 16; (trees and commons). 15 & 16 Geo. 5, c. 86; (ancient monuments), 19 & 20 Geo. 5, c. 17, and other Acts....
Malicious injuries to the person
Malicious injuries to the person. see offences against the Person Act, 1861 (English) (24 & 25 Vict. c. 100), consolidating and amending the law as to murder, manslaughter, wounding, etc....
Animals
Animals may be divided into--(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.Dogs. As to injury by dogs and seizure of stray dogs, see DOG.Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or be...
Arson
Arson [fr. ardeo, Lat., to burn], the malicious firing of a house or other building. The law upon this subject is to be found in the (English) Malicious Damage Act, 1861, ss. 1-8. As to maliciously setting fire to ships, see ss. 42-44; to crops, etc., ss. 16-18; to coalmines, s. 26.Means, at common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage, Black Law Dictionary 7th Edn., p. 106....
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