Intentional torts: wrongful use of the legal system

Question 1

Malicious prosecution

Answer 1

(1) Intentionally and maliciously instituting or pursuing a legal action…
(2) For an improper purpose…
(3) Without probable cause, AND…
(4) The action is dismissed in favor of the person against whom it was brought.

Question 2

Abuse of process

Answer 2

Setting in motion a legal procedure in proper form but abusing it to achieve some ulterior motive. The conduct must cause damages.

There must be some willful act perpetrated in the use of the process that is not proper in the regular conduct of that proceeding.