malicious prosecution

malicious prosecution: malicious prosecution n: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause; also: an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages – called also malicious use of process;; compare abuse of process

malicious prosecution: n.
Criminal or civil litigation brought without probable cause and out of malice; if the defendant prevails in such a case, he or she may bring an action for the tort of malicious prosecution.

malicious prosecution: a tort of abuse of legal procedure. It consists in the defendant maliciously initiating proceedings, ending in favour of the plaintiff, where there was no reasonable cause for the prosecution, causing damage to the plaintiff. Malice for these purposes covers not only spite and ill-will but also any motive other than a desire to bring a criminal to justice: Glinski v . McIver [1962] AC 726.

malicious prosecution: Filing a civil or criminal lawsuit for an improper purpose( civil) or without probable cause (criminal). If a wrongful prosecution ends in the defendant's favor, the defendant can sue the plaintiff for the wrong he has suffered.

Category: Accidents & Injuries

Category: Criminal Law

Category: Small Claims Court & Lawsuits

malicious prosecution: n.

1 The pursuit of a criminal proceeding for a dishonest purpose and without probable cause.

2 The pursuit of a civil proceeding for a dishonest motive.

malicious prosecution: An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without probable cause and for a purpose other than that of bringing the alleged offender to justice.

malicious prosecution: I
An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without probable cause and for a purpose other than that of bringing the alleged offender to justice.
II An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

malicious prosecution: n.

filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim.

See also: malice

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

Malicious prosecution — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a … The Collaborative International Dictionary of English
Malicious prosecution — Tort law Part of the … Wikipedia
malicious prosecution of civil action — See malicious prosecution … Ballentine's law dictionary
malicious prosecution — A criminal prosecution begun in malice, without probable cause to believe it can succeed, and finally ending in failure. 34 Am J1st Mal Pros § 2. An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal … Ballentine's law dictionary
malicious prosecution — noun law : the bringing of a civil or criminal proceeding against another in a court of law without reasonable cause and with malicious intent … Useful english dictionary
malicious prosecution — noun A common law intentional tort which arises from a party (1) intentionally and maliciously instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3)… … Wiktionary
Malicious — Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a name.… … The Collaborative International Dictionary of English
Malicious abandonment — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a … The Collaborative International Dictionary of English
Malicious arrest — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a … The Collaborative International Dictionary of English
malicious — ma·li·cious /mə li shəs/ adj: given to, marked by, or arising from malice malicious destruction of property ma·li·cious·ly adv ma·li·cious·ness n Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary

Academic Dictionaries and Encyclopedias

malicious prosecution

Look at other dictionaries:

Share the article and excerpts

Academic Dictionaries and Encyclopedias

Law dictionary

malicious prosecution

Look at other dictionaries:

Share the article and excerpts

Direct link