Malum

adj. Lat. Wrong; evil; wicked reprehensible.

— Malum in se. A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag. § 346. An act is said to be malum in se when it is inherently and essentially evil, that is, immoral in its nature and injurious in its consequences, without any regard to the fact of its being noticed or punished by the law of the state. Such are most or all of the offenses cognizable at common law, (without the denouncement of a statute;) as murder, larceny, etc.

— Malum prohibitum. A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law; an act involving an illegality resulting from positive law. Contrasted with malum in se. Story, Ag. § 346.

n. Lat. In Roman law. A mast; the mast of a ship. Dig. 50, 17, 242, pr. Held to be part of the ship. Id.

I. Evil; wickedness; an evil; an offense or wrong; Malum in se: a wrong in itself; an act involving illegality from the very nature of the transaction, upon principles of natural, moral and public law. Malum non praesumiter: wickedness is not presumed. Malum prohibitum: a wrong prohibited; an act prohibited as wrongful; an act involving an illegality resulting from positive law.

In old English law. A misfortune; an infirmity; a sudden indisposition, by which a party was prevented from appearing in court when summoned. Malum lecti: misfortune or sickness of bed; an infirmity or indisposition by which a person was confined to his bed. Malum TCniendi: misfortune or sickness of [in] coming; sickness or accident liappening to a party on his way to court

Lat. In Romanlaw. A mast; the mast of a ship. Dig. 50, 17, 242, pr. Held to be part of the ship. Id.

See Malus.

I. EvU; wickedness; ill. v. Mai. Malo animo: with evil intent. Malum non praesumitur: evil [intent] is not to be presumed. Malum lecti, veniendi; v. Essoin. Malus usus abolenda est: a bad custom ought to be abolished.