two kinds of malice recognized by law are
Malice (law) Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Cal. Pen. Code ยง 188. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.