malicious prosecution

(redirected from Elements of Proof)
Also found in: Dictionary, Legal, Wikipedia.

malicious prosecution

[məlish′əs]
Etymology: L, malitia, wickedness, prosequi, to pursue
(in law) a suit begun in malice and pursued without sufficient cause. It is usually an action for damages. Malicious prosecution is a wrongful civil proceeding, and a person who takes an active part in initiating or continuing it is subject to liability.

malicious

an act done to inflict an injury, not to redress a wrong.

malicious poisoning
laying a bait to poison an animal without the owner's consent.
malicious prosecution
instigating a lawsuit for the purpose of punishing the other person without having a proper justification for the litigation.
Mentioned in ?
References in periodicals archive ?
Sometimes you do not have much flexibility about when to put the plaintiff on the stand, such as when he or she is the only witness who can establish necessary elements of proof or present the trial story in a coherent way.
The expert and the attorney should work together to develop a draft of direct examination testimony, preparing specific questions that ensure the necessary elements of proof are presented in an effective order.
The elements of proof needed are a clear policy providing meal periods, company-wide communication on this subject so that employees know their rights, and clear opportunities for individuals to express to the employer their meal period preference.
Accordingly, drug investigations that concentrate on the simple elements of proof for conspiracy can achieve many of the same results as more complex investigations but with less cost and effort.
4) Yet, even if the defendant makes no confession, the recording alone satisfies the elements of proof for conspiracy, because the defendant committed an overt act simply by meeting with the undercover officer.
The plaintiffs' claims, the elements of proof to establish those claims and affirmative defenses available each require analysis of individual issues.