Motive

Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891), Anderson (1889)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

(from Lat. movere, to move or stir). In the law of evidence. That which moves or influences the mind or will; an emotion, passion, or desire which incites or impels to action. In Criminal Evidence. An unlawful desire or emotion, awakened by the perception or contemplation of some external object, or end to be attained by action. This ultimate object is, in fact, the cause or spring of the motive itself, and has sometimes been called the "exterior" or "external" motive, as distinguished from the desire or passion it creates, which is termed the "interior" or "internal" motive. See 3 Benth. Jud. Ev. 183. It is, in other words, the inducement, or that which leads or tempts the mind to indulge the criminal desire. Burrill, Circ. Ev. 283, 284. MOTWORTHY (Old Eng.) A common councilman. Cowell, voc. "Concionator."

Ballentine's Law Dictionary

James A. Ballentine · 1916

See Intent.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

The Inducement, cause, or reason why a thing is done. It is an Inducement, or that which leads or tempts the mind to indulge the criminal act; it is resorted to as a means of arriving iU an ultimate fact, not for the purpose of explaining the reason of a criminal act which has been clearly proved, but from the important aid it may render in completing the proof of the commission of the act when it might otherwise remain in doubt; People V. Bennett, 49 N. Y. 148. It is not indispensable to conviction for murder that the particular motive for taking the life of a human being shall be established by proof to the satisfaction of the jurs^; Pointer v, U. S., 161 U. S. 396, 14 Sup. Ct. 410, 38 L. Ed. 208. An act legal in itself, which violates no right. Is not actionable on account of the motive which actuated it; Occum Co. v. Mfg. Co., 34 Conn. 629; Chatfleld v. Wilson, 28 Vt 40; [1898] 1 Ch. 274; [1898] A O. 1. See a learned paper on the doctrine of the last cited case, Allen v. Flood, by L. 0. Krauthoff, in Rep. Am. Bar Assoc. 1898. See Mauce; iNTsaiT; Ltoex; Lucbi

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The inducement, cause or reason why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it Chatfield v. Wilson, 5 Am. Law Reg. (O. S.)' 528. "Motive" and "intent" are not identical, and an intent may exist where a motive is wanting. Motive is the moving power which impels to action for a definite result; intent is the purpose to use a particular means to effect such result. In the popular mind intent and motive are often regarded as the same thing; but in law there is a clear distinction between them. When a crime is clearly proved to have been committed by a person charged therewith, the question of motive may be of little or no importance, but criminal intent is always essential to the commission of a crime. People v. Molineux, 168 N. Y. 264, 61 N. E. 286, 62 Li R. A. 193; Warren v. Tenth Nat. Bank, 29 Fed. Cas. 287. But motive is often an important subject of inquiry in criminal prosecutions, particularly where the case depends mainly or entirely on circumstantial evidence, the combination of motive and opportunity (for the commission of the particular crime by the person accused) being generally considered essential links in a chain of such evidence, while the absence of ali motive on the part of the prisoner is an admissible and important item of evidence in his favor.

A Dictionary of Law

Henry Campbell Black · 1891

The inducement, cause, or reason Why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it. 5 Amer. Law Reg. (O. 8.) 528.

A Dictionary of Law

William C. Anderson · 1889

Inducement; incentive to action. In cases of proof by circumstantial evidence, the motive for doing an alleged act often becomes not 1 L. Tnovere, to move. = [a Bl. Com. 304. 2 People V. Ah Sam, 41 Cal. 650 (1871); Funk ti. Israel, only material but controlling, and in such cases the facts from which the motive may be inferred must be proved: 1 Litigation would be endless if the motives of those who are simply enforcing a legal claim were legitimate subjects of inquiry.* See Intent; Malice; Predominant: Premeditate: Prosecution, Malicious. MOTJENINGr. See Annus, Luctus.