malicious prosecution


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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.
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In a Facebook post, Vadra said, "Another attempt of malicious prosecution exposed.
Lawsuits against police and prosecutors for malicious prosecution are rarely successful.
Doctors who wish to sue patients for malicious prosecution or abuse of civil proceedings must show that such patients acted intentionally with 'malice' and 'without reasonable and probable cause'.
If the appeal runs its course, the proposed market, if it prevails, may also have a claim for malicious prosecution.
The key elements of malicious prosecution include lack of probable cause and presence of malice.
COURT'S OPINION: The case was a case of first impression for the Supreme Court of Tennessee, which held, inter alia, that a voluntary nonsuit taken according to the Tennessee Rules of Civil Procedure is not a termination on the merits for the purposes of a malicious prosecution claim and affirmed the Court of Appeals.
However, situations arise whereby the opposing party will bring a malicious prosecution cause of action against both plaintiff and plaintiff's counsel alleging that the malicious prosecution lies in the bringing of such a lawsuit, which should not have been brought in the first place.
The findings come days after former Cleveland traffic officer Sultan Alam was awarded pounds 800,000 compensation by the force after being wrongfully jailed over a malicious prosecution brought by colleagues in 1996.
7, 2011, highlights how serious an impediment establishing a lack of probable cause can be when pursuing a malicious prosecution claim.
The pair are among 15 campaigners who are seeking pounds 250,000 from a police force for false imprisonment, breach of human rights, malicious prosecution and assault and battery in the wake of a demonstration which descended into chaos.
I believe the only other murder case where the police were sued for malicious prosecution was that involving Winston Silcott.
In a recent decision, the North Carolina Court of Appeals found a company guilty of malicious prosecution after it investigated an employee for wrongdoing, fired him, and then reported his alleged activities to the police despite the fact that the employee's innocence could have easily been ascertained, said the court.