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Tag Archives: elements of malicious prosecution

Proving “Malice” in Malicious Prosecution Actions

By Robert Ross |

Malicious prosecution involves the wrongful use of the justice system to punish, harass, or oppress another person. To prove malicious prosecution, the claimant¬†(who was generally the defendant in the allegedly malicious action which prompted the malicious prosecution suit) must prove all four of the following elements: 1. ¬†Commencement of a civil (or criminal) legal… Read More »

What Kinds of Proceedings Can Trigger a Malicious Prosecution Claim?

By Robert Ross |

Malicious prosecution requires “commencing and pursuing” a legal action without probable cause. Most people think a “legal action” means a lawsuit–and it often does–but lawsuits are not the only “actions” that support a claim of malicious prosecution. Let’s take a look at some of the different varieties of legal actions that may support a… Read More »

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