(8) Torts: Judicial System Torts

Question 1

Malicious Prosecution/Wrongful Civil Proceeding

Answer 1

A person is liable when there is (1) a criminal proceeding against P; (2) absence of probable cause for prosecution; (3) improper purpose of D; (4) decision in p’s favor; AND (5) actual damages.

Question 2

Abuse of Process

Answer 2

P must prove (1) a legal procedure is set in motion in proper form; (2) that is set to accomplish an ulterior motive; (3) a willful act occurs that is not proper (act or threat); (4) causing P to sustain damages.