Misuse of Legal Process

Question 1

Types of Misuse of Legal Process

Answer 1

Malicious Prosecution, wrongful civil proceedings, abuse of process

Question 2

Malicious Prosecution - Definition

Answer 2

Wrongful Institution of Criminal Proceedings Used As A Means of Causing Harm

Question 3

Malicious Prosecution - Elements

Answer 3

a. Criminal proceeding is instituted or continued by the defendant against the plaintiff. One who provides full and truthful incriminating information to a public officer and leaves the decision to prosecute to that officer has not initiated the proceeding.
b. Termination of the proceeding in favor of the accused. The result of the criminal case must reflect a victory on the merits and not just a mere procedural win.
c. Lack of probable cause – no valid grounds for belief in the guilt of the party accused.
d. Malice – act out of a motive of ill will or used prosecution for private advantage.
e. Damages – loss of reputation, cost of defending the action, emotional distress damages, special damages.
f. Defenses:
1. Plaintiff’s guilt. Acquittal in a criminal proceeding does not necessarily defeat guilt due to different standards of proof between criminal and civil actions.
2. Judges and prosecutors are absolutely immune

Question 4

Wrongful Civil proceedings

Answer 4

Not all states recognize this cause of action

Question 5

Wrongful Civil proceedings - Elements

Answer 5

a. Civil suit instituted or continued by the defendant against the plaintiff.
b. Plaintiff must establish a favorable termination of the civil proceeding.
c. Lack of probable cause – but less is needed by defendant in a civil action and advice of counsel may be sufficient to establish probable cause and defeat plaintiff’s claim.
d. Malice – motive of ill will, or lack of belief of success or wrong purpose or clear abuse of plaintiff’s position of power.
e. Damages – credit harm, seizure of property, attorney fees in defending suit, other general or special damages.
f. Defenses.

Question 6

Abuse of Process - Definition

Answer 6

Legal Process Is Set Forth In the Proper Form, With Probable Cause and Possibility of Success But Is Used for An Ulterior Purpose for Which It Was Not Designed

Question 7

Abuse of Process - Elements

Answer 7

a. Regularly issued process with proper grounds and evidence for bringing the action.
b. Motivation behind process is not justifiable harm to another - economic or other type of harm.
c. Party using the process is seeking an advantage which is outside the legitimate ends of the process.
d. Damages – special damages including injury to financial standing, general damages including emotional distress, punitive damages.