malicious

/mslishas/ Characterized by, or involving, malice; having, or done with, wicked, evil or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse or as a result of ill will.

See also malice

- willful

@ malicious abandonment

In criminal law, the desertion of a wife or husband without just cause

@ malicious abuse of legal process

Wilfully misapplying court process to obtain object not intended by law. The wilful misuse or misapplication of process to accomplish a purpose not warranted or commanded by the writ. The malicious perversion of a regularly issued process, whereby a result not lawfully or properly obtained on a writ is secured; not including cases where the process was procured maliciously but not abused or misused after its issuance. The employment of process where probable cause exists but where the intent is to secure objects other than those intended by law. Hughes v. Swinehart, D.C.Pa., 376 F.Supp. 650, 652.

The tort of "malicious abuse of process" requires a perversion of court process to accomplish some end which the process was not designed to accomplish, and does not arise from a regular use of process, even with ulterior motives. Capital Elec. Co. v. Cristaldi, D.C.Md., 157 F.Supp. 646, 648.

See also abuse (process)

- malicious prosecution

Compare malicious use of process

@ malicious accusation

Procuring accusation or prosecution of another from improper motive and without probable cause.

See malicious prosecution

@ malicious act

A wrongful act intentionally done without legal justification or excuse; an unlawful act done willfully or purposely to injure another

@ malicious arrest

See malicious prosecution

@ malicious assault with deadly weapon

Form of aggravated assault in which the victim is threatened with death or serious bodily injury from the defendant's use of a deadly weapon. The element of malice can be inferred from the nature of the assault and the selection of the weapon

@ malicious injury

An injury committed against a person at the prompting of malice or hatred towards him, or done spitefully or wantonly. The willful doing of an act with knowledge it is liable to injure another and regardless of consequences. Injury involving element of fraud, violence, wantonness and willfulness, or criminality. An injury that is intentional, wrongful and without just cause or excuse, even in the absence of hatred, spite or ill will. Panchula v. Kaya, 59 Ohio App. 556, 18 N.E.2d 1003, 1005, 13 O.O. 301. Punitive damages may be awarded to plaintiff for such injury

@ malicious killing

Any intentional killing without a legal justification or excuse and not within the realm of voluntary manslaughter. State v. Cope, 78 Ohio App. 429, 67 N.E.2d 912, 920, 34 O.O. 171

@ maliciously

Imports a wish to vex, annoy, or injure another, or an intent to do a wrongful act, and may consist in direct intention to injure, or in reckless disregard of another's rights.

See also malice

- malicious

@ malicious mischief

Willful destruction of personal property of another, from actual ill will or resentment towards its owner or possessor. Though only a trespass at the common law, it is now a crime in most states

@ malicious motive

Any motive for instituting a prosecution, other than a desire to bring an offender to justice. Lounder v. Jacobs, 119 Colo. 511, 205 P.2d 236, 238.

See malicious prosecution

@ malicious prosecution

One begun in malice without probable cause to believe the charges can be sustained. An action for damages brought by person, against whom civil suit or criminal prosecution has been instituted maliciously and without probable cause, after termination of prosecution of such suit in favor of person claiming damages. Beaurline v. Smith, Tex.Civ.App., 426 S.W.2d 295, 298.

One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings if:

(a) he acts without probable cause, and primarily for a purpose other than that of securing the proper adjudication of the claim in which the proceedings are based, and

(b) except when they are ex parte, the proceedings have terminated in favor of the person against whom they are brought. Restatement, Second, Torts, No. 674.

Elements of a cause of action for malicious prosecution are:

(1) commencement of prosecution of proceedings against present plaintiff;

(2) its legal causation by present defendant;

(3) its termination in favor of present plaintiff;

(4) absence of probable cause for such proceedings;

(5) presence of malice therein; and

(6) damage to plaintiff by reason thereof. Palermo v. Cottom, Mo.App., 525 S.W.2d 758, 764.

In addition to the tort remedy for malicious criminal proceedings, the majority of states also permit tort actions for malicious institution of civil actions.

See also advice of counsel

- false arrest

- vexatious proceeding

@ malicious trespass

The act of one who maliciously or mischievously injures or causes to be injured any property of another or any public property

@ malicious use of process

Utilization of process to intimidate, oppress or punish a person against whom it is sued out. Austin Liquor Mart, Inc. v. Department of Revenue, 18 Ill.App.3d 894, 310 N.E.2d 719, 728.

Exists where plaintiff proceeds maliciously and without probable cause to execute object which law intends process to subserve. It has to do with the wrongful initiation of such process, while "abuse of civil process" is concerned with perversion of a process after it is issued. Hughes v. Swinehart, D.C.Pa., 376 F.Supp. 650, 653.

See also abuse (process)

Compare malicious abuse of legal process

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