Torts Wrongful Institution of Legal Proceedings - MBE

What are the different torts associated with wrongful institution of legal proceedings?
- (1) malicious prosecution
- (2) wrongful institution of civil proceedings
- (3) abuse of process
When does malicious prosecution arise?

when D who isn't part of the court system or LEO institutes a criminal proceeding for an improper purpose and w/o PC and P proceeds on the merits
What are the elements for malicious prosecution?
- (1) institution of criminal proceedings
- (2) termination in favor of D on the merits
- (3) absence of PC
- (4) improper purpose
- (5) damages
What are the defenses to malicious prosecution?

D actually guilty
What are the elements for wrongful prosecution?
- (1) institution of civil proceedings
- (2) termination in favor of D on the merits
- (3) absence of PC
- (4) improper purpose
- (5) damages
Can a P prove that the D was actually guilty as a defense to wrongful civil proceedings?

no b/c the BoP is the same and res judicata applies
What are the elements for abuse of process?
- (1) use of legal process
- (2) for a purpose other than that for which it is intended

Author

stac8199

159147

Card Set

Torts Wrongful Institution of Legal Proceedings - MBE

Description

wrongful institution of legal proceedings for MBE

Updated

2012-06-18T00:59:37Z

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