Quiz 6: Misuse of Legal Process

In some states, malicious prosecution covers both criminal proceedings and civil proceedings wrongfully initiated.

In some states, malicious prosecution is limited to criminal matters while civil matters are covered by the separate tort called malicious civil prosecution or wrongful civil proceedings.

Malicious prosecution requires the proof of damages.

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is malicious prosecution.

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse of process.

If the proceedings were improperly initiated, the tort to bring is abuse of process.

If probable cause existed, there can be no tort of malicious prosecution even if the accused is acquitted.

By definition, there could not have been probable cause in a case where the accused was found innocent.

Malice means proper purpose but with the intent to harm someone.

Because Jim hates Bill, Jim initiates a criminal case against Bill for which there was probable cause.Yet the charges against Bill are dismissed.Bill then sues Jim for malicious prosecution. A)Jim's motive is irrelevant to the success or failure of Bill's malicious prosecution action against Jim. B)The dismissal of the charge against Bill ensures the success of his malicious prosecution action against Jim. C)Bill can successfully sue Jim for malicious prosecution because of Jim's hate motive. D)The existence of probable cause in the criminal case does not defeat Bill's action for malicious prosecution.

Which of the following outcomes are on the merits? A)a dismissal due to the statute of limitations B)a jury verdict C)a decision by the plaintiff to withdraw his or her complaint

Which of the following is not an element of wrongful civil proceedings? A)initiation of civil proceedings B)with probable cause C)malice D)termination in favor of the person against whom the civil proceedings were brought

Criminal proceedings must terminate in favor of the ________ before this person can sue for the tort of malicious prosecution.

The person who contacts the police and initiates a criminal complaint is called a/an ________.

The district attorney's statement of his or her decision not to prosecute is called ________.

If civil or criminal proceedings were properly initiated for an improper purpose, the accused can sue for the tort of ________.

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -the decision not to prosecute

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -an improper motive

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -a tort covering proceedings initiated without probable cause

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -reasonable cause to believe that good grounds exist

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -a tort covering legal proceedings properly initiated but for an improper purpose

MATCHING a.malicious prosecution b.initiate c.probable cause d.malice e.nolle prosequi f.abuse of process -to urge or instigate

Why does the law want to discourage citizens from using the tort of malicious prosecution?

Name several factors a court will use to determine whether probable cause existed.