Latin for Lawyers

MALA PROHIBITA

MALA PROHIBITA

See MALUM PROHIBITUM MALEFACTOR [L. malus + facere / to make or do] An evil-doer. One who commits a crime or offense against the law. MALEFICIUM [L. male / badly + facere / to make, do] A wrongdoing, an evil deed. A crime or misdeed. Unprovoked mischief. MALFEASANCE [L. male + facere ] An act or deed which is unlawful or improper. An act forbidden by law. An excess assumption of authority by a public official in the performance of the duties and function permitted by his office. The unlawful performance of an act by a public official who is not authorized or entitled to perform the act at all. See MISFEASANCE; NONFEASANCE MALICE (AFORETHOUGHT) [L. malitia / meanness, wickedness, spiteful ness] As used in the law, the word has a wide variety of applications, all tending to describe a state of mind which permits the intentional commission of wrong ful acts without legal excuse or justification. The state of mind necessary for dangerous acts in deliberate disregard of the safety of others. The term malice aforethought describes a criminal act which was intended or planned. The word has application in the law of bankruptcy, libel and slander, etc. See PREMEDITATE MALICIOUS PROSECUTION The commencement or maintenance of a criminal proceeding without ade quate foundation in proof, with the intent to cause injury to another; the mis use of his office by a prosecutor who brings unwarranted charges against a defendant. Also, the misuse of the civil courts by instituting and maintaining an unjustified action against another with intent to cause damage or injury to him or his property. MALITIA PRAECOGNITA [L. malitia / malice + prae / before, in front of + congnoscere / to know, learn] An act prompted by malice. Malice conceived and then acted on. Malice aforethought. An action committed with evil intent and knowledge of the consequences.

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