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malice aforethought

malice aforethought. The requisite mental state for common-law murder, encompassing any one of the following: (1) the intent to kill, (2) the intent to inflict grievous bodily harm, (3) extremely reckless indifference to the value of human life (the so-called abandoned and malignant heart), or (4) the intent to commit a dangerous felony (which leads

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no claim

no-claim, n. The lack of a claim. • Legal philosophers devised this term to denote the opposite of a claim. As one jurisprudent has said apologetically, “there is no word in English which expresses the lack of a claim and therefore the rather barbarous ‘no-claim’ has been suggested.” George Whitecross Paton, A Textbook of Jurisprudence

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bad man theory

bad-man theory. The jurisprudential doctrine or belief that a bad person’s view of the law represents the best test of what the law actually is because that person will carefully calculate precisely what the rules allow and operate up to the rules’ limits. • This theory was first espoused by Oliver Wendell Holmes in his

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