express malice

One is an intent to kill and is the only form of express malice.

Usually, a person only commits first-degree murder when he has express malice.

We were 10 and new best friends, and Will was constantly surprising me with novel ways with which to express malice.

The privilege is not absolute, however, and can be defeated of the dominant motive for publishing the statement is actual or express malice.

In that case the presumption would be reversed and the burden would be on the plaintiff to prove-and that to the satisfaction of a jury-that the defendant was actuated by express malice.

The judge ruled that Lee was entitled to "aggravated damages" because of the "express malice" shown by the magazine and the conduct during the trial of its lawyer, Geoffrey Robertson, a British barrister.

Express malice may defeat a plea of qualified privilege, and in this sense malice means, first, personal spite in the contents of the statement or, secondly, personal spite in the mode or extent of the publication.

Hence, the Act did not abolish the principles of expressed malice or implied malice, i.e. malice could be implied by the words and expressions used by the accused, or there was a set of circumstances from which malice could be implied.