Also known as: motives · intent · reason
Written by attorneys · grounded in primary & secondary sources — see below
A mental state or desire that prompts a person to act in a particular way. It supplies the reason for conduct and is often used to prove or disprove other elements such as intent or malice.
Mohan Malhotra learns that his business partner has been stealing company funds for months. He waits until the partner is alone, then shoots him in the chest at close range. The prosecution introduces evidence that Mohan had researched the partner's bank accounts and expressed anger over the theft. The deliberate intent to kill satisfies express malice because the motive of financial revenge shows the required mental state for murder.
Maya Malik sells property to Mason McCarthy under a contract that includes an oral promise to repair a leaking roof before closing. After the deed is delivered, Mason discovers the roof was never fixed and sues for fraud. The court allows the claim to proceed because the seller's concealment shows the promise was independent of the conveyance and not merged into the deed.
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Miranda Morales is charged with arson at a rival's warehouse. The prosecution offers evidence that Miranda previously set fire to another competitor's property after a similar business dispute. The court admits the prior act because it is offered to prove motive for the current fire rather than character, satisfying the permitted purpose under the rule.
Michael Miller signs a contract to sell his car while heavily intoxicated at a party. The buyer later sues for breach when Michael refuses to deliver. The court finds the contract voidable because Michael's intoxication prevented him from acting reasonably in relation to the transaction and the buyer had reason to know of that condition.
Marcus Mitchell grants a neighbor an easement across his land to reach a public road. The deed states the grant is for access but does not use the word servitude. The court finds a servitude was created because the parties' intent to provide permanent access is clear from the language and circumstances even without a particular form of expression.
Morgan Financial forms an LLC to operate a restaurant. A supplier sues the LLC's sole member personally after the business fails to pay an invoice. The court dismisses the claim against the member because the debt is solely that of the company and the member is not personally liable for the company's obligations solely by reason of being a member.
Motive is the reason that prompts the act while intent is the mental state of desiring or knowing the consequences will occur. A deliberate intent to kill constitutes express malice even if the underlying motive is revenge or financial gain.
Evidence of other crimes or acts is admissible when offered to prove motive rather than character. The prosecution must give notice in criminal cases and the evidence must be relevant to a non-character purpose such as showing why the defendant acted.
Motive is relevant to show intent or bad faith but does not by itself create liability. Courts examine whether the motive reveals an independent promise that survives merger or whether intoxication prevented reasonable action in the transaction.
…the affidavit of James Marshall who had been summoned as a witness. It stated that on 4 March 1801, being informed there was reason to apprehend riotous proceedings in Alexandria that night, he called at the Secretary of State's office for commissions of justices of the peace; that as many as twelve commissions for that…