Essentials of Malicious Prosecution –
Essentials of Malicious Prosecution
Malicious prosecution is a legal claim against someone who wrongfully and maliciously initiates a criminal or civil proceeding without reasonable cause.
To succeed in an action for malicious prosecution, the plaintiff must prove these key elements:
Initiation or Continuation of Proceedings
The defendant must have initiated or continued legal proceedings (criminal or civil) against the plaintiff.
Falsity of the Proceedings
The prior proceedings were without probable cause and ultimately ended in favor of the plaintiff (i.e., the accused was acquitted or the case was dismissed).
Malice
The proceedings were initiated maliciously or for an improper purpose, not simply because the defendant believed in their claim.
Damage or Injury
The plaintiff must show that they suffered damage or injury as a result of the malicious prosecution, such as harm to reputation, expenses, or emotional distress.
Summary Table:
| Essential Element | Explanation |
|---|---|
| 1. Initiation of Proceedings | Defendant started or continued legal action |
| 2. Falsity of Proceedings | Case ended favorably for plaintiff; no probable cause |
| 3. Malice | Proceedings were initiated with wrongful intent |
| 4. Damage | Plaintiff suffered actual damage or loss |
Additional Notes:
Probable Cause means reasonable grounds to believe the claim is valid.
Malicious prosecution is a tort; it protects individuals from abuse of legal processes.
It applies both to criminal cases and sometimes to civil cases.
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