Also known as: in aemulationem vicini · aemulatio · spite · emulation
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase describing conduct undertaken with the intent to injure or annoy another.
Select any source to read its text and confirm it supports the definition.
Island Manufacturing delivered slightly defective components to Inertia Dynamics. Inertia accepted the shipment after inspection even though the defects were obvious. It did so to retain the goods despite nonconformity under the governing acceptance rule.
The New York Times obtained classified documents and rushed them into print. Its editors acted to inform the public rather than to injure the executive branch. The publication triggered immediate litigation over prior restraint.
Ivan Ivanov filed suit challenging federal expenditures on religious education programs. He brought the action to assert generalized taxpayer injury against the religious groups receiving the funds. The complaint alleged only generalized injury as a taxpayer.
California refused to appoint counsel for indigent appellants in criminal cases. The state acted toward convicted defendants who lacked resources to hire lawyers. The policy forced many defendants to proceed without representation on appeal.
State legislators redrew voting districts to concentrate opposition voters into single districts. They proceeded against the minority party rather than to achieve population equality. The plan produced immediate constitutional challenges.
Federal prosecutors charged multiple defendants in a single conspiracy count despite weak links among the groups. They acted to obtain a joint trial and stronger bargaining position. The joinder produced reversible error on appeal.
A defendant's desire to injure a competitor through falsehood weighs heavily against a claim of legitimate competition. Courts examine whether the actor sought to harm the plaintiff rather than advance an independent interest. Evidence of spiteful intent supports a finding that the interference was improper.
Supporting sources
…in church or state, and even to false statement. But the people of this nation have ordained in the light of history, that, in spite of the probability of excesses and abuses, these liberties are, in the long view, essential to enlightened opinion and right conduct on the part of the citizens of a democracy." That…