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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.
Napue v. Illinois, 360 U.S. 264 (1959), was a United States Supreme Court case in which the Court held that the knowing use of false testimony by a prosecutor in a criminal case violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution, even if the testimony affects only the credibility of the witness and does not directly relate to the innocence or guilt of ...
These kinds of eyewitness errors are common in wrongful conviction cases. The Innocence Projects says that eyewitness misidentification played a role in 69% of convictions overturned by DNA evidence.
The Kern County child abuse cases are a notable example of day-care sex-abuse hysteria of the 1980s. [116] The cases involved claims that a pedophile sex ring performed Satanic ritual abuse: as many as 60 young children testified they had been abused. At least 36 people were convicted and most of them spent years imprisoned. 34 convictions were ...
The product provided liability coverage for policyholders who caused injuries from gunfire, even in cases involving the wrongful use of a firearm. The insurers agreed to stop selling NRA-endorsed ...
During that period, judges have cited misconduct by prosecutors as a reason to dismiss charges, reverse convictions, or reduce sentences in 2,012 cases, according to a study by the Center for Public Integrity released in 2003; the researchers looked at 11,452 cases in which misconduct was alleged. [7] A debate persists over the meaning of the term.
The product provided liability coverage for policyholders who caused injuries from gunfire, even in cases involving the wrongful use of a firearm. The insurers agreed to stop selling NRA-endorsed ...
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