Simple English definitions for legal terms
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Malice is when someone intends to do something wrong without a good reason. It can also mean when someone doesn't care about the law or other people's rights. Sometimes it means having a bad heart or wanting to do something wicked. Malice can be shown by a person's actions or by what they say. It can also be used in different ways in the law, like when someone knows they are saying something false and harmful about another person. Malice can be very serious and can lead to punishment.
Malice in fact refers to the deliberate intent to commit a wrongful act without any justification or excuse. It can also refer to reckless disregard of the law or a person's legal rights, or ill will and wickedness of heart.
For example, if someone intentionally harms another person without any valid reason, it can be considered malice in fact. Similarly, if someone knowingly publishes false information about another person with the intention of causing harm, it can also be considered malice in fact.
These examples illustrate how malice in fact involves intentional wrongdoing without any valid justification or excuse. It is a state of mind that shows a deliberate disregard for the rights and well-being of others.