Wrongful institution of legal proceedings

Question 1

First type - Malicious Prosecution

Answer 1

1) Institution of criminal proceedings against P
2) Termination favorable to P
3) Absence of probable cause for prosecution
4) Improper purpose of D (i.e. malize) and
5) Damages - must be proved

Question 2

2 institution of proceedings…

Answer 2

Defendant must initiate proceedings AND prosecuting attorney’s have absolute privilege (even if malicious and no probable cause)

Question 3

False arrest distinguished

Answer 3

With malicious prosecution, the arrest was legal, with FI, it was NOT.

Question 4

Second type - Wrongful civil proceedings

Answer 4

Same elements as First type - however, lack of probable cause is harder to show

Question 5

Abuse of process

Answer 5

Two prima facie elements:

1) the wrongful use of the process for an ulterior purpose and
2) some definite act or threat against plaintiff to accomplish the ulterior purpose