How can an attorney prove malicious intent?

Answer by  patti (29325)

The prosecution must be able to demonstrate that the party was aware of the potentially harmful outcome of his/her actions. The defendant may have specially arranged the outcome or the outcome may have resulted from an inexcusable failure to consider the possibilities. The attorney can only present a case; the just will decide if the facts support the claim.

Answer by  olive8 (911)

How an attorney can prove malicious intent depends upon the situation. For example, in the case of defamation you could show that the defendant knew the defamatory statement not to be true. In the case of malicious prosecution you could show that the defendant knew that the plaintiff had done nothing wrong.

Answer by  MrChiefJustice (24)

Usually by the circumstances surrounding the act. Malicious intent is "bad" intent. Often times a bad action and result is because of bad intent. Defend by showing it was accidental.

Answer by  patti (29325)

That's a big question. A case would have to be made that the individual/company was aware of the harmful potential of his/its actions and proceeded for the purposes of causing harm. The court would require solid evidence, documentation, proof, etc. rather than an accusation of intent to harm. It's difficult to prove.

Answer by  John (9008)

Sometimes people will say or write things that show malicious intent, but this is fairly unusual. Most commonly, circumstantial evidence is used. This includes things like a pattern of malicious acts or even the nature of the act itself (for example, violence is usually malicious).