Exam 6: Misuse of Legal Proceedings

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is malicious prosecution.

Malice means proper purpose but with the intent to harm someone.

By definition, there could not have been probable cause in a case where the accused was found innocent.

Which of the following is not an element of wrongful civil proceedings?

The person who contacts the police and initiates a criminal complaint is called a/an ________.

In some states, malicious prosecution is limited to criminal matters while civil matters are covered by the separate tort called malicious civil prosecution or wrongful civil proceedings.

Because Jim hates Bill, Jim initiates a criminal case against Bill for which there was probable cause. Yet the charges against Bill are dismissed. Bill then sues Jim for malicious prosecution.

Why does the law want to discourage citizens from using the tort of malicious prosecution?

Criminal proceedings must terminate in favor of the ________ before this person can sue for the tort of malicious prosecution.

The district attorney's statement of his or her decision not to prosecute is called ________.

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse of process.

Malicious prosecution requires the proof of damages.

If the proceedings were improperly initiated, the tort to bring is abuse of process.

If probable cause existed, there can be no tort of malicious prosecution even if the accused is acquitted.

Name several factors a court will use to determine whether probable cause existed.