Tag Archives: elements of malicious prosecution
Proving “Malice” in Malicious Prosecution Actions
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?
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 »
