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Wrongful institution of legal proceedings Flashcards

(5 cards)

1
Q

First type - Malicious Prosecution

A

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

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2
Q

2 institution of proceedings…

A

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

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3
Q

False arrest distinguished

A

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

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4
Q

Second type - Wrongful civil proceedings

A

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

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5
Q

Abuse of process

A

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

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