Torts Wrongful Institution of Legal Proceedings - MBE

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Author:
stac8199
ID:
159147
Filename:
Torts Wrongful Institution of Legal Proceedings - MBE
Updated:
2012-06-17 20:59:37
Tags:
wrongful institution legal proceedings
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Description:
wrongful institution of legal proceedings for MBE
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  1. What are the different torts associated with wrongful institution of legal proceedings?
    • (1) malicious prosecution
    • (2) wrongful institution of civil proceedings
    • (3) abuse of process  
  2. When does malicious prosecution arise?
    when D who isn't part of the court system or LEO institutes a criminal proceeding for an improper purpose and w/o PC and P proceeds on the merits
  3. What are the elements for malicious prosecution?
    • (1) institution of criminal proceedings
    • (2) termination in favor of D on the merits
    • (3) absence of PC
    • (4) improper purpose
    • (5) damages    
  4. What are the defenses to malicious prosecution?
    D actually guilty
  5. What are the elements for wrongful prosecution?
    • (1) institution of civil proceedings
    • (2) termination in favor of D on the merits
    • (3) absence of PC
    • (4) improper purpose
    • (5) damages    
  6. Can a P prove that the D was actually guilty as a defense to wrongful civil proceedings?
    no b/c the BoP is the same and res judicata applies
  7. What are the elements for abuse of process?
    • (1) use of legal process
    • (2) for a purpose other than that for which it is intended 

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