Malice in Law Law and Legal Definition

Malice in law refers to intent unlawfully to take away the life of a fellow-creature in a case where the law would neither justify nor to any degree excuse the intention, if the killing should take place as intended. [Mann v. State, 124 Ga. 760, 765 (Ga. 1906)]. It is an act growing out of the wicked or mischievous intention of the mind; an act showing a wanton inclination to mischief, an intention to injure or wrong, and a depraved inclination to disregard the rights of others.

Malice in law is also referred to as technical malice or legal malice. [Molina v. Jiffy Lube Int'l, Inc., 2008 U.S. Dist. LEXIS 85215 (S.D. Fla. Oct. 8, 2008)].