Wrongful Institution of Legal Proceedings Flashcards
1
Q
When does malicious prosecution arise?
A
2
Q
What is wrongful intiation of a civil proceeding?
A
Similar to malicious prosecution but this is a civil proceeding b/c of improper motive & knowing there are no basis to do so
3
Q
What is abuse of process?
A
- Arises where the Δ intentionally misuses either the civil or criminal legal process for an ulterior motive that results in damage to P
- P does not have to preveal on the proceeding below
- mainky to protect the legal system
