This section is from the book "Popular Law Library Vol4 Torts, Damages, Domestic Relations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Finally, malice is an essential element in all actions for malicious prosecutions.67 Proof of probable cause makes out a prima facie case of malice,68 but this is not conclusive.
Malice is not in itself an act but a state of mind; it is an acting with wrong motives.69 Malice may consist of personal hatred or ill-will,70 or any improper purpose,71 or a reckless disregard of the rights of others.72
 
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