Wrongful Litigation Torts

Question 1

Malicious Prosecution

Answer 1

Malicious Prosecution is a cause of action against a defendant
who previously filed criminal or civil proceedings against the plaintiff without probable
cause and with malice. The original proceeding must have ended in favor of the party
who is now suing for malicious prosecution.

Question 2

Abuse of Process

Answer 2

Under tort law, a person is liable for abuse of process if he
previously initiated a legal proceeding against the plaintiff, with an ulterior motive, and
for an improper purpose.