Wrongful Institution of Legal Proceedings

Card Set Information

Author:
taskd6
ID:
156661
Filename:
Wrongful Institution of Legal Proceedings
Updated:
2012-05-31 14:06:34
Tags:
Malicious prosecution private institution
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Description:
Torts flashcards from Kaplan lectures
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  1. 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
  2. What damages are available to a plaintiff in a malicious prosecution case?
    • Reputational harm
    • Emotional distress
    • Punitive damages
  3. 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
  4. 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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