Malicious Prosecution - Causes of Actions Flashcards
1
Q
Malicious Prosecution
A
the wrongful and malicious institution of criminal or civil proceedings resulting in an acquittal or verdict for the defendant due to lack of probable cause
2
Q
Abuse of Process
A
An illegal and improper use of the legal process for an ulterior motive that results in damages
3
Q
Abuse of Process Elements
A
- the actor made an illegal improper use of the legal process
- the actor had an ulterior motive
- damages resulted to plaintiff