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malice

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constructive

Overview page. Subjects: Philosophy — Law.

Adj.

Describing anything that is deemed by law to exist or to have happened, even though that is not in fact the case.

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involuntary manslaughter

Overview page. Subjects: Law.

An offence of homicide that lacks the malice aforethought required for murder. Compare voluntary manslaughter where the defendant has the malice aforethought for murder but has a partial...

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malice aforethought

Overview page. Subjects: Law.

The * mens rea (state of mind) required for a person to be guilty of murder. It is unnecessary for there to be any element of hostility (see malice) or for the intention to kill to be...

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misfeasance

Overview page. Subjects: Law.

N.

1 The negligent or otherwise improper performance of a lawful act.

2 (in company law) An act by an officer of a company in the nature of a...

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murder

Overview page. Subjects: Law — Arts and Humanities.

N.

Unlawful homicide that does not fall into the categories of manslaughter or infanticide. The mens rea for murder is traditionally known as malice aforethought and the punishment...

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premeditation

Overview page. Subjects: Law.

(malice aforethought)

Thought and planning prior to an act, which implies the intention to commit that act. Malice aforethought was the traditional fault element for murder at...

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privilege in defamation

Overview page. Subjects: Law.

Absolute privilege and qualified privilege operate as defences to claims seeking damages for defamation (both at common law and under the complementary uniform Defamation Acts: see ss...

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vexatious proceedings

Overview page. Subjects: Law.

Proceedings brought with no reasonable prospect of success and for the purpose of annoying the other party. A vexatious litigant is a person who has habitually and persistently and without...

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