malicious prosecution

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

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 ?
required elements of proof of the modified total cost recovery.
The board held that "Propellex failed to establish two of the four,required elements of proof of a modified total cost recovery.
For instance, if they want to file a federal mail fraud case, the CPA must gather evidence to meet the necessary elements of proof under that statute.
Our new framework below encompasses the elements of proof in a format which mirrors the sequence and logic of an advertising challenge.
Lawyers Cooperative Publishing's team of lawyer-editors and practicing attorneys created the AWD LawDesk to enhance the user's understanding of the laws with a comprehensive treatise, litigation tested forms, and trial strategy articles that provide elements of proof and damages, interrogatories, and sample testimony.
What are the elements of proof in abuse of sick leave?
Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.
Of course, the study will also provide the elements of proof concerning the broader economic effects of the CCCTB, in terms of competitiveness in the EU and growth.
Topics covered include causes of action, damages, elements of proof, practice and procedure, defenses, and counterclaims.
Editorial includes: historical sources and applications of damages theories and equitable remedies, and the elements of proof by which they can be established or defeated; information on the array of damages to which participants in the construction process, including owners, designers and builders, are exposed; and, techniques for presenting damages in a dispute.