Essentials of Torts

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

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

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.

MATCHING -an improper motive

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

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

MATCHING -the decision not to prosecute

Which of the following outcomes are on the merits?

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

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

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

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

MATCHING -reasonable cause to believe that good grounds exist

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

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

Malicious prosecution requires the proof of damages.

Which of the following is not an element of wrongful civil proceedings?

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.

MATCHING -a tort covering proceedings initiated without probable cause

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