Deck 6: Misuse of Legal Process

Question 1

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

Answer 1

False

Question 2

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

Answer 2

complaining witness

Question 3

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.

Answer 3

True

Question 4

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
an improper motive

Question 5

If civil or criminal proceedings were properly initiated for an improper purpose, the accused can sue for the tort of ________.

Question 6

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

Question 7

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
the decision not to prosecute

Question 8

Which of the following outcomes are on the merits?

A)a dismissal due to the statute of limitations
B)a jury verdict
C)a decision by the plaintiff to withdraw his or her complaint

Question 9

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

Question 10

In some states, malicious prosecution covers both criminal proceedings and civil proceedings wrongfully initiated.

Question 11

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

Question 12

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

Question 13

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
reasonable cause to believe that good grounds exist

Question 14

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

Question 15

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

Question 16

Malicious prosecution requires the proof of damages.

Question 17

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

A)initiation of civil proceedings
B)with probable cause
C)malice
D)termination in favor of the person against whom the civil proceedings were brought

Question 18

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.

A)Jim's motive is irrelevant to the success or failure of Bill's malicious prosecution action against Jim.
B)The dismissal of the charge against Bill ensures the success of his malicious prosecution action against Jim.
C)Bill can successfully sue Jim for malicious prosecution because of Jim's hate motive.
D)The existence of probable cause in the criminal case does not defeat Bill's action for malicious prosecution.

Question 19

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
a tort covering proceedings initiated without probable cause

Question 20

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

Question 21

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

Question 22

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
to urge or instigate

Question 23

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

Question 24

MATCHING
a.malicious prosecution
b.initiate
c.probable cause
d.malice
e.nolle prosequi
f.abuse of process
a tort covering legal proceedings properly initiated but for an improper purpose