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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Malicious prosecution – Similar to abuse of process, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
One example of this is the toleration of the use of reasonable force to expel a trespasser, which is typically also a defence against the tort of battery. In some, but not all, civil and mixed law jurisdictions, the term delict is used to refer to this category of civil wrong, though it can also refer to criminal offences.
Process crimes are the offenses that "interfere with the procedures and administration of justice". [2] They are prosecuted because they are considered to harm the public interest in the functioning and integrity of the judicial system. [2] There is a broad range of process crimes, covered in the U.S. by a variety of federal and state laws.
The U.S. Supreme Court on Monday grappled with whether a New York state official can be sued for violating the National Rifle Association's constitutional free speech rights by allegedly ...
Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse by the legal system, or to allegations thereof. Subcategories This category has the following 15 subcategories, out of 15 total.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.