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Malice in Civil Law
A tort is a wrongful act that causes injury to another person who may sue in civil court to recover monetary damages. One tort that requires proof of malice is the intentional publication of false statements, known as libel. In the 1964 case of New York Times v. Sullivan, the U.S. Supreme Court ruled that public figures who seek damages for libel must also show malice by proving that the defendant either knew the statement was false or acted in reckless disregard of the truth.
Punitive Damages for Malice
Monetary damages in civil cases are generally limited to the actual amount lost by the plaintiff. Where a defendant acted with malice, however, the plaintiff may also recover punitive damages. In California, for example, a civil suit for fraud allows punitive damages where the plaintiff can prove the defendant acted with malice through intentional misrepresentation, deceit or concealment of a material fact.