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Simple English definitions for legal terms
constitutional malice
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A quick definition of constitutional malice:
Constitutional malice is when someone intentionally does something wrong without any good reason or excuse. It can also mean that someone acted recklessly and didn't care about the law or other people's rights. This kind of malice is important in cases of defamation, where someone says something false about another person on purpose or with reckless disregard for the truth. To prove constitutional malice, the person who was harmed must show that the person who caused the harm knew what they were doing was wrong or didn't care about the consequences.
A more thorough explanation:
Definition: Constitutional malice is a legal term that refers to the deliberate intent to commit an injury, as evidenced by external circumstances. It is also known as actual malice and is characterized by reckless disregard of the law or of a person's legal rights.
For example, in a defamation case, if a person knowingly publishes a false statement or shows reckless disregard for the truth, they can be found to have acted with constitutional malice. This means that they intentionally caused harm to the person they defamed and did so without any justification or excuse.
Another example of constitutional malice is when a police officer uses excessive force against a suspect, knowing that it is illegal and violates the suspect's constitutional rights. In this case, the officer acted with deliberate intent to cause harm and disregarded the law and the suspect's legal rights.
Overall, constitutional malice is a serious legal concept that involves intentional harm and disregard for the law and legal rights. It is often used in cases of defamation, police brutality, and other situations where intentional harm has been caused.