Malicious Prosecution and abuse of process

Question 1

what is malicious prosecution?

Answer 1

malicious prosecution is the institution of criminal or civil proceedings for an improper purpose and without probable cause.

Question 2

elements of malicious prosecution

Answer 2

1. prosecution
2. favorable termination of the persecution
3. lack of reasonable and probable cause
4. malice
5. damage

Question 3

what is abuse of process?

Answer 3

Tort law defines Abuse of Process as a misuse or perversion of the court procedure and due process without grounds for legal action.