An actual malice example is the intent to cause harm or to commit a battery. The intent must be such that the defendant would put the victim in "imminent apprehension" of harmful contact. Thus, even an innocent prank could be considered a battery if it causes the victim to fear that he will be hurt or assaulted. Here are some other examples of real malice. Let's consider one of these scenarios.
The defendant must have known of the victim's identity and his or her intentions when they performed the crime. It is essential that both parties were paying attention to the traffic and other circumstances in order to understand the motive of the perpetrator. Otherwise, the defendant may have avoided detection and the victim might have suffered an even greater degree of harm. This type of case is typically brought by a public figure who has gained fame or has become embroiled in a controversy.
A court must determine whether the plaintiff has proven all elements of a prima facie case by a preponderance of evidence. The judge must also determine if the defendant proximately caused the plaintiff's injuries. If the plaintiff fails to do so, the judge will likely decide the case in favor of the defendant. This way, the jury never has to decide whether a defendant was negligent. A court can also determine if the plaintiff has a legitimate claim for damages based on actual malice.