Legal Definitions - mal

The term "mal-" is a prefix derived from Latin, meaning "bad," "wrong," or "improper." When attached to another word, it indicates that an action, condition, or conduct is faulty, harmful, or contrary to what is expected or legally required.

• Malfeasance

  Malfeasance refers to the performance of an act that is utterly unlawful or wrongful, especially by a public official or someone in a position of trust.

  • Example: A government official accepts a large bribe in exchange for awarding a lucrative public contract to a company that is unqualified for the work.

    Explanation: The "mal-" in "malfeasance" highlights that the official's action was not merely an error or poor judgment, but a fundamentally wrong and illegal act, demonstrating bad conduct and a breach of their public duty.

• Mala Fide

  Mala fide is a Latin phrase meaning "in bad faith." It describes an intention to deceive, mislead, or act dishonestly, rather than with sincerity or good intentions.

  • Example: A landlord evicts a tenant by falsely claiming they need the apartment for a family member, when their true intention is to renovate and rent it out at a much higher price.

    Explanation: The landlord acted "mala fide" because their actions were driven by a dishonest intent ("mal-") to mislead the tenant, rather than genuinely needing the property for the stated reason. Their conduct lacked honesty and transparency.

• Malicious Prosecution

  Malicious prosecution occurs when someone initiates a criminal prosecution or civil lawsuit against another person without probable cause (a reasonable belief that a crime was committed or a claim is valid) and with an improper motive, such as harassment or revenge.

  • Example: A disgruntled former business partner files a lawsuit against their ex-partner for fraud, even though they know there is no factual basis for the claim, simply to damage their reputation and cause them financial distress.

    Explanation: The "mal-" in "malicious prosecution" signifies that the lawsuit was initiated with a wrongful or harmful intent ("malice"), rather than a legitimate belief in the validity of the claim. The prosecution was improper because it lacked probable cause and was driven by ill will.