Defemation 2

Question 1

When can a plaintiff recover in a malicious prosecution case?

Answer 1

When they can affirmatively show that the accuser lacked probable cause and was motivated by malice

Question 2

What damages are included in a malicious prosecution case?

Answer 2

Any damages that occurred after the prosecution has begun

Question 3

Commo law requirements for malicious persecution

Answer 3

1) actual prosecution
2) instigated by a Defendant who acted maliciously
3) D acted w/o probable cause
4) the initial action ended in favor of the plaintiff of the malicious persecution case

Many courts still accept the common law presumptions and SCOTUS has neve

Question 4

What is probable cause? (tortious civil litigation)

Answer 4

Plausible grounds for believing the litigation might succeed

Question 5

Abuse of Process (using the legal system for personal ends)

Answer 5

1) an ulterior purpose
2) a willful act in the use of the process not proper in the regular course of proceedings

misuse of the legal system for some personal end (think SLAPP suits)

Question 6

What is a SLAPP suit?

Answer 6

A strategic Lawsuit Against Public Participation