Wrongful institution of legal proceedings Flashcards
(5 cards)
First type - Malicious Prosecution
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
2 institution of proceedings…
Defendant must initiate proceedings AND prosecuting attorney’s have absolute privilege (even if malicious and no probable cause)
False arrest distinguished
With malicious prosecution, the arrest was legal, with FI, it was NOT.
Second type - Wrongful civil proceedings
Same elements as First type - however, lack of probable cause is harder to show
Abuse of process
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