Even these common specifically-Jewish surnames can be misleading, though. The surname Cohan (as in songwriter George M.) is usually Irish rather than Jewish. The surname Lavigne (as in singer Avril) is pronounced much like Levine, but it is a common gentile name among French Canadians.
malice aforethought - Legal Definition. n. The requisite state of mind for murder to be charged under the common law, involving an intent to kill or to cause serious physical harm, depraved indifference to human life, or an intent to commit another serious felony that results in a death.
In this situation the motives of the defendant and the reasonableness of their conduct are the factors used to determine the unreasonableness of their actions. This is one of the few exceptions to the rule that malice is not relevant in tort law. In Christie v Davey, the defendant was deliberately creating a noise to frustrate the claimants; based on this, it was held that their actions were malicious, unreasonable, and amounted to a nuisance.