Also known as:deliberates · deliberated · deliberating · deliberation · deliberations · jury deliberation · deliberate intent
Written by attorneys · grounded in primary & secondary sources — see below
An action or decision undertaken after careful thought and reflection rather than impulsively.
Sources & Authorities
How it applies
Common Examples
6
Boat-Hook Homicide
Diane Dawson ordered deckhand Dustin Donovan to lean over the rail to inspect a net. She then pried his hands loose with a boat hook and shoved him into rough seas. The deliberate character of the push established express malice and supported a murder conviction.
Director Conflict Vote
Dominic Drake and two other qualified directors met without Darius Dixon present. They deliberated the terms of a transaction in which Dixon held a material interest and then voted to approve it. Their separate deliberation satisfied the statutory requirement for effective authorization.
Printed Defamation Factors
Denise Donovan mailed a detailed letter accusing a competitor of fraud to dozens of industry contacts. The deliberate and premeditated character of the written publication, together with its wide dissemination, weighed in favor of classifying the statement as libel rather than slander.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Casebooks
Hornbooks
Course Outlines
Altered Quotation Suit
A magazine reporter changed the words attributed to public figure Diego Duarte so that the statement conveyed the opposite meaning. The deliberate alteration that materially changed the sense of the quotation supplied evidence of actual malice sufficient to defeat summary judgment.
Grand-Jury Secrecy Breach
A prosecutor remained inside the grand-jury room after the jurors retired. The deliberate decision to stay and listen supplied grounds to challenge the indictment for unauthorized presence during proceedings.
Choice-of-Law Property Issue
Dominion Capital held land in State A but the parties and trust were centered in State B. The court examined the purpose of each state's property rules and the states' respective relations to the land before selecting the law of most significant relationship.
Common questions
Frequently Asked
4
How does deliberate intent differ from implied malice in homicide cases?+
Deliberate intent to kill supplies express malice. Implied malice arises from intent to cause great bodily injury or from reckless indifference showing an abandoned and malignant heart.
Supporting sources
What must qualified directors do to authorize a conflicting-interest transaction?+
The qualified directors must deliberate and vote on the transaction outside the presence and without the participation of any interested director.
Supporting sources
Why does the deliberate character of a publication matter in defamation?+
The deliberate and premeditated nature of the publication, along with its area of dissemination and persistence, helps determine whether the statement is libel rather than slander.
Supporting sources
When does deliberate alteration of a quotation create actual malice?+
Deliberate alteration creates actual malice only when the change produces a material difference in the meaning conveyed. Trivial changes are insufficient.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…be performed by him; the last act to be done by the President is the signature of the commission. After signature the time for deliberation has passed and the officer is appointed. If the commission is also to be considered the appointment the appointment is made when the last act required from the President is performed; the…
Business Associations Corporations and LlcsOrganizational structure including relationships between parents and subsidiaries · AmendmentsUBEFoundational