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OUJI-CIV No. 16.7

INFERRED MALICE

activein force · 2026-01-01 – presentcompiled-edition

INFERRED MALICE

Malice may be inferred from lack of probable cause, but such inference is not a

necessary one from that fact alone. In order to infer malice from lack of probable cause,

all of the circumstances pertaining to the commencement and prosecution of the

[criminal/civil] action must be considered and must be such as to lead reasonably to the

conclusion that [Defendant] acted maliciously toward [Plaintiff].

OUJI 3d (Rev. 2009) Chapter 16

Provenance

Source: oscn.net
Retrieved: 2026-08-23
Edition: 2026-08-23
Content hash: b03b9c0b5bba2e7c9be69692a25641c6733bbc93f3866974fb4608e1d1431c5b

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