Wrongful Institution of Legal Proceedings

  1. When does malicious prosecution arise?
    • Somebody who is not part of the court system or law enforcement system, with an improper motive and without probable cause, gets a criminal proceeding brought against a plaintiff; and
    • The plaintiff prevails on the merits
  2. What damages are available to a plaintiff in a malicious prosecution case?
    • Reputational harm
    • Emotional distress
    • Punitive damages
  3. What is a wrongful institution of civil proceedings?
    • Essentially the same as malicious prosecution
    • Somebody with an improper motive and without probable cause institute a civil claim against a plaintiff; and The plaintiff prevails on the merits
  4. What is abuse of process?
    Defendant intentionally misuses the civil or legal process for an ulterior motive and causes the plaintiff harm
Author
taskd6
ID
156661
Card Set
Wrongful Institution of Legal Proceedings
Description
Torts flashcards from Kaplan lectures
Updated