Essay issues - other Flashcards
1
Q
Malicious prosecution
A
A person intentionally and maliciously pursues a legal action for an improper purpose, w/o probable cause, and the action is dismissed in favor of the defendant.
2
Q
Abuse of process
A
Defendant sets in motion a proper legal procedure, but has abused it to achieve an ulterior motive. The conduct must cause damages.
3
Q
Malpractice
A
A lawyer may be sued for malpractice if he breaches a duty to his client and the breach results in a harm to the client. To assert a successful claim, plaintiff must show the lawyer’s conduct fell below that of a reasonably prudent lawyer; causation; and damages.
