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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.
Schmitt analysis is a legal framework developed in 1999 by Michael N. Schmitt, leading author of the Tallinn Manual, for deciding if a state's involvement in a cyber-attack constitutes a use of force. [1] Such a framework is important as part of international law's adaptation process to the growing threat of cyber-warfare.
PAT (Process Analysis Toolkit) is a self-contained framework [1] for composing, simulating and reasoning of concurrent, real-time systems and other possible domains. It includes user interfaces, model editor and animated simulator.
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.
Although he presented evidence that his conviction was obtained through the use of perjured testimony and that the prosecution had suppressed favorable evidence, his writ was denied because he had not first filed a writ in state court. His case was important for helping to establish that a conviction based upon false evidence violates due process.
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 ...
Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States.Federal prosecutions of public corruption under the Hobbs Act (enacted 1934), the mail and wire fraud statutes (enacted 1872), including the honest services fraud provision, the Travel Act (enacted 1961), and the Racketeer Influenced and Corrupt ...