Malicious Prosecution & Abuse of Process

Question 1

What is malicious prosecution?

Answer 1

Plaintiff must show:

1. Defendant maliciously caused criminal charges to issue
2. without probable cause
3. the charges must be resolved in the plaintiff’s favor

Question 2

Define the “malicious” element?

Answer 2

The malice element of malicious prosecution requires plaintiff to show that defendant caused the charges to be issued for a purpose other than to bring plaintiff to justice.

Question 3

Does tort law presume malicious prosecution damages?

Answer 3

Yes, but plaintiff may also have to prove compensatory damages for mental distress and loss of reputation and income, and punitive damages may also be available.

Question 4

Explain Malicious Civil Prosecution?

Answer 4

Some jurisdictions recognize a malicious prosecution claim for inititating a groundless civil action, but those jurisdictions tend to require proof of special damages in those cases.

Question 5

What is Abuse of Process?

Answer 5

The tort of abuse of process requires plaintiff to show that defendant used legal process for ulterior purposes. (Ulterior purpose = malice)