Malicious Prosecution is a common law intentional tort. While like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution.
What must a Plaintiff Prove to Establish Malicious Prosecution?
To succeed in an action for malicious prosecution, a plaintiff must prove that the prosecution was: (1)initiated by the defendant; (2) terminated in favour of the plaintiff; (3)undertaken without reasonable and probable cause; and (4) motivated by malice or a primary purpose other than that of carrying the law into.
What is Malicious Prosecution Explain its Essentials?
A successful malicious prosecution claims requires that: the defendant begin or continue a criminal or civil legal proceeding. without reasonable grounds to believe the allegations of the proceeding, the plaintiff was damaged by the defendant’s “false” case.
Is it Hard to Prove Malicious Prosecution?
Victims of malicious prosecution face several hurdles in pursing damages for these incidents. First, proving that a police officer or government agent did not have probable cause is usually difficult. The other difficulty lies in the legal concept of qualified immunity.
What do you Mean by Malicious Prosecution?
the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages.