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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.
It also includes more general sections covering obstruction of proceedings in federal courts, Congress, [10] and federal executive agencies. [9] One of the broadest provisions in the chapter, known as the Omnibus Clause , states that anyone who "corruptly... endeavors to influence, obstruct, or impede, the due administration of justice" in ...
Watts is charged with abuse of a corpse, a fifth-degree felony punishable by up to a year in jail and a $2,500 fine. COLUMBUS, Ohio (AP) — An Ohio prosecutor says it is not within his power to ...
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An Ohio woman facing a criminal charge for her handling of a home miscarriage will not be charged, a grand jury decided Thursday. The Trumbull County prosecutor’s office said grand jurors ...
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
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