Essentials of Torts

Criminal Justice

Quiz 6 :

Misuse of Legal Process

Quiz 6 :

Misuse of Legal Process

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

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

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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.
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True

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MATCHING -an improper motive
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If civil or criminal proceedings were properly initiated for an improper purpose, the accused can sue for the tort of ________.
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If probable cause existed, there can be no tort of malicious prosecution even if the accused is acquitted.
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MATCHING -the decision not to prosecute
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Which of the following outcomes are on the merits?
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By definition, there could not have been probable cause in a case where the accused was found innocent.
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In some states, malicious prosecution covers both criminal proceedings and civil proceedings wrongfully initiated.
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Criminal proceedings must terminate in favor of the ________ before this person can sue for the tort of malicious prosecution.
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Malice means proper purpose but with the intent to harm someone.
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MATCHING -reasonable cause to believe that good grounds exist
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If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse of process.
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The district attorney's statement of his or her decision not to prosecute is called ________.
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Malicious prosecution requires the proof of damages.
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Which of the following is not an element of wrongful civil proceedings?
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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.
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MATCHING -a tort covering proceedings initiated without probable cause
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If the proceedings were properly initiated, but for an improper purpose, the tort to bring is malicious prosecution.
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