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

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2
Q

Abuse of Process

A

An illegal and improper use of the legal process for an ulterior motive that results in damages

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3
Q

Abuse of Process Elements

A
  1. the actor made an illegal improper use of the legal process
  2. the actor had an ulterior motive
  3. damages resulted to plaintiff
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