Malicious Prosecution Flashcards
Malicious Prosecution
i. General rule: Malicious prosecution is the wrongful and malicious institution of criminal and civil proceedings resulting in an acquittal or verdict for D due to lack of probable cause.
ii. Elements
1. P was prosecuted (criminal)
2. P was acquitted
3. Done without probable cause in prosecution
Probable Cause
a. Elements of probable cause
i. Reasonable belief that the person accused has acted or failed to act in a particular manner
ii. Belief that such acts or omissions constitute at common law or under an existing statute the offense charged against the accused
b. If the item was hidden in pocket, then there is probable cause. If it was visible, then there’s probably no probable cause.
c. Mistake is not probable cause
Note: Malice can be established by a lack of probable cause
Abuse of Process
i. General rule: Illegal and improper use of the legal process for an alternative purpose or motive that results in damages.
ii. Elements
1. D made an illegal, improper use of the process
2. Ulterior motive or purpose in doing so
a. Examples: revenge, harm the party, financially burden them
3. Damages resulted to plaintiffs from the irregularities
iii. Use of criminal law to collect civil debts is abuse of process. Edgeworth (harassment by judge that led to suicide case)