Wrongful Institution of Legal Proceedings
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When does malicious prosecution arise?
- Somebody who is not part of the court system or law enforcement system, with an improper motive and without probable cause, gets a criminal proceeding brought against a plaintiff; and
- The plaintiff prevails on the merits
What damages are available to a plaintiff in a malicious prosecution case?
- Reputational harm
- Emotional distress
- Punitive damages
What is a wrongful institution of civil proceedings?
- Essentially the same as malicious prosecution
- Somebody with an improper motive and without probable cause institute a civil claim against a plaintiff; and The plaintiff prevails on the merits
What is abuse of process?
Defendant intentionally misuses the civil or legal process for an ulterior motive and causes the plaintiff harm
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