Malus.L

Bad; evil. Compare MAt. Mala. JBad; in or witli tiiat which is bad, evil, unlawful. Mala fides. Bad faith; opposed to tona fides. See Fides. Mala grammatica. Bad grammar, q. v. Mala mens. Bad mind: fraudulent or criminal intention. Mala praxis. Bad treatment: malpractice, q. V. Malo. With or in bad, evil, unlavvful. Malo animo. With bad intent; maliciously." Malo sensu.

In the bad meaning. See Slander. Malum. Evil, an evil, a wrong. Plural, mala. Malum in se. Evil in itself; an act pernicious in its very nature. Malum prohibitum. A forbidden evil; an act made wrong by legislation. Crimes and misdemeanors, such as murder, theft, and perjury, are mala in se, and contract no additional turpitude from being declared unlawful by a human legislature. But it is otherwise as to thi;igs in themselves indifferent: these become right or wrong, just or unjust, duties or misdemeanors, as the municipal legislator sees proper for promoting the welfare of society, and more effectually carrying on the purposes of civil lif e. ^ Some crimes and misdemeanors are mala in se: offenses against divine law, natural or revealed; but by far the greater part are mala prohibita; such as de- 'See Hibbard v. Thompson, 109 Mass. 288 (1872), cases; Potter v. Warner, 91 Pa. 386 (1879): 36 Am. Rep. 668, 670, cases; Elwell, Malp. 65; 9 Conn. 209; 13 B. Mon. 819; 27 N. H. 460; 7 N. Y. 397; 25 Ohio St. 86; 82 Pa. 861; 68 id. 168; 39 Vt. 447. As to criminal liability for death, see 27 Alb. Law J. 101-5 (1888), cases. ' Commonwealth v. Hackett, 2 Allen, 148-43 (1861), rive their guilt merely from prohibition by the laws of the laud.^