VI. torts: wrongful institution of legal proceedings
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MALICIOUS PROSECUTION: PRIMA FACIE CASE
1. institution of criminal proceedings against plaintiff
2. termination favorable to plaintiff;
3. absence of probable cause for prosecution;
4. improper purpose of defendant; and
MALICIOUS PROSECUTION: PROSECUTING ATTORNEY PRIVILEGED
absolutely privileged and cannot be sued for malicious prosecution even if they act with bad faith or without probable cause.
MALICIOUS PROSECUTION: ABSENSE OF PROBABLE CAUSE
Plaintiff may establish absense of probable cause by showing either
-- that there were insufficient facts for a reasonable person to believe that plaintiff was guilty; or
-- that the defendant did not actually believe the plaintiff to be guilty.
WRONGFUL CIVIL PROCEEDINGS
Most jurisdictions have extended the malicious prosecution action to encompass wrongfully institutited civil cases.
ABUSE OF PROCESS: PRIMA FACIE CASE
1. the wrongful use
of the process for an ulterior purpose
- 2. some definite act or threat against plaintiff to accomplish the ulterior purpose.
- the merits of the action are of no relevance
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