Malicious Prosecution

Definition

Pursuing a lawsuit without probable cause.

Purpose

Malicious prosecution addresses the wrongful initiation of legal proceedings against someone without reasonable grounds. It provides a remedy for individuals who have been subjected to baseless and malicious legal actions.

Examples of Use

• False criminal charges: Filing criminal charges against someone without evidence or probable cause.
• Baseless civil suits: Initiating a civil lawsuit with the intent to harass or intimidate the defendant.
• Retaliatory litigation: Using the legal system to retaliate against someone for personal grievances without legitimate claims.

Related Terms

• Abuse of Process: The misuse of legal procedures for ulterior motives.
• False Imprisonment: Wrongfully detaining someone without legal justification.
• Defamation: Making false statements about someone that damage their reputation.

Notes

• To succeed in a malicious prosecution claim, the plaintiff must typically prove that the previous case was resolved in their favor, was initiated without probable cause, and was motivated by malice.
• Malicious prosecution claims are intended to protect individuals from the misuse of the legal system.
• Courts may award damages for the emotional distress, financial losses, and harm to reputation resulting from malicious prosecution.