Wrongful Institution of Legal Proceedings

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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
Author:
taskd6
ID:
156661
Card Set:
Wrongful Institution of Legal Proceedings
Updated:
2012-05-31 18:06:34
Tags:
Malicious prosecution private institution
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Description:
Torts flashcards from Kaplan lectures
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