Wrongful Institution of Legal Proceedings

Question 0

Malicious Prosecution

Answer 0

Institution of Criminal proceedings
improper purpose
no probable cause 
terminates favorably for P and 
causes P damages

Question 1

Categories of Wrongful Institution of Legal Proceedings - List

Answer 1

Malicious Prosecution
Wrongful institution of Civil Proceedings
Abuse of Process

Question 2

Examples of Wrongful conduct for malicious prosecution

Answer 2

1. persuading a prosecutor to bring charges
2. signing an affidavit for a warrant
3. giving false information to authorities
   knowledge of its falsity
   prosecutors use of discretion is not sufficient.
   primary purpose other than justice.

Question 3

Lack of probable cause

Answer 3

1. a reasonable person possessing the same facts would not believe P was guilty of the charged offense.
2. D did not actually believe P was guilty

Question 4

Prima facie and conclusive evidence of probable cause

Answer 4

1. Grand jury indictment - PF
2. Conviction on criminal charges - Con
3. Attorneys advice to institute criminal action - Con - where D has made full and fair disclosure of all relevant facts.

Question 5

Termination favoring P - examples

Answer 5

Must terminate indicating P was innocent
Terminations on the merits - acquittal after trial or court dismissal for lack of evidence are sufficient.
Termination based on procedural grounds or technical defects, prosecutorial discretion, or similar grounds are not.

Question 6

Damages available for malicious prosecution

Answer 6

harm to reputation from accusation

Emotional distress from the bringing of proceedings

Question 7

Defenses to Malicious Prosecution

Answer 7

Privilege - judges, prosecutors, other law enforcement officials are absolutely privileged

D may prevail by establishing by a preponderance that P was guilty of the crime

Question 8

Wrongful Institution of Civil Proceedings

Answer 8

active part in initiating, continuing, or procuring of civil proceedings without a basis
purpose other than proper adjudication of a claim
actions have terminated in favor of the person against whom they are brought.

Question 9

Abuse of Process

Answer 9

intentional misuses judicial process - civil or criminal -
purpose other than that for which the process is intended.

P need not show lack of probable cause
proof of D’s improper purpose serves the same function