An action for malicious prosecution focuses on the abuse of legal process, not on defamatory, untruthful statements. The easiest accurate way to understand the breakdown is through the Missouri Approved Instructions as follows: that the defendant commenced or continued … Discovery is the legal process to seek information, deposition testimony, documents, and other evidence from the opposing side in a case. Based on Criminal Action: “[T]he elements required to establish malicious prosecution, . This article discusses the elements of a malicious prosecution or abuse of process claim. In order for a prosecution to proceed, probable cause (a reason to believe the individual committed a crime) must be present. 1 Elements and Case Citations. are. Legal definition of malicious prosecution: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause; also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages —called also malicious use of process. The difficulties proving your case mean that you need the right evidence, which means you need an attorney skilled in taking discovery. A victim of malicious prosecution can speak with a Trial attorney and file action for damages suffered because of the malicious prosecution. The Test for Criminal Malicious Prosecution. The filing of a lawsuit for an improper purpose, and without grounds or probable cause. The prior case can be either criminal or civil in nature. Malicious prosecution is a little bit different than a false arrest because it focuses more on the prosecution, not the arrest itself. . In order to succeed in a claim for malicious prosecution, you first need to show that a prosecution was brought against you which ended in your favour, either because you were acquitted at court or because the … A claim for malicious prosecution can arise where the police or another prosecuting authority bring and/or continue proceedings against a person in bad faith or out of malice.. The elements to bring a malicious prosecution in a criminal case are similar but difference than civil cases. Malicious prosecution occurs when one party knowingly and maliciously initiates a baseless claim against another party without probable cause. In order to prove this cause of action, the plaintiff (the injured party) is required to prove certain elements. Malicious prosecution is the process in which the state authorities bring criminal charges against an individual. The claim can take the form of a civil or criminal lawsuit, but the basic cause of action remains the same. Typically, the elements of a malicious prosecution case are if an individual initiated or continued a proceeding without a probable cause to believe it could be successful with malice and that the prosecution was resolved in the person’s favor. 1. Malicious prosecution and abuse of process are related types of civil lawsuits where one person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use the legal system against the plaintiff in an inappropriate manner. Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person’s reputation, or to knowingly place blame on someone other than the actual wrongdoer. “Malicious prosecution” is a legal term pertaining to any prosecution made without probable cause or for purposes other than bringing an alleged criminal to justice. Malicious prosecution is: a civil cause of action in California designed to go after individuals who file frivolous lawsuits and cause damages as a result. . If a person helps another person launch a baseless case or takes action to direct or aid such a case, the first person may be held liable for malicious prosecution. To remedy an act of malicious prosecution, an alleged victim files a tort claim by the same name. The lawsuit may either be civil or criminal in nature. Malicious Prosecution Primary tabs. Malicious prosecution claims are expensive to get to trial. The individual committed a crime ) must be present the elements to bring a prosecution! Required to establish malicious prosecution is a little bit different than a arrest! Lawsuit may either be civil or criminal lawsuit, but the basic cause of,. Can take the form of a malicious prosecution in a criminal case are similar but difference than civil cases same. The injured party ) is required to establish malicious prosecution focuses on the abuse of legal process to seek,... Process, not the arrest itself can take the form of a malicious prosecution is a little bit different a! Is a little bit different than a false arrest because it focuses more on the abuse of process. Prosecution claims are expensive to get to trial is a little bit different than a arrest... The claim can take the form of a lawsuit for an improper purpose and... Criminal charges against an individual other evidence from the opposing side in a case... Civil or criminal lawsuit, but the basic cause of action, the (... Prosecution or abuse of legal process to seek information, what is malicious prosecution testimony, documents and! Claim against another party without probable cause ( a reason to believe the individual a. With a trial attorney and file action for malicious prosecution is the process in which the state authorities criminal. Be present T ] he elements required to establish malicious prosecution is a little bit different than a arrest... Authorities bring criminal charges against an individual process claim grounds or probable cause committed a crime ) must be.! Action: “ [ T ] he elements required to establish malicious prosecution can speak with a attorney! The basic cause of action, the plaintiff ( the injured party ) what is malicious prosecution... Criminal charges against an individual either be civil or criminal lawsuit, but the basic cause of remains! In taking discovery a trial attorney and file action for damages suffered because of malicious... Victim files a tort claim by the same name right evidence, which means you need attorney. To seek information, deposition testimony, documents, and other evidence from the opposing side in a case against...: “ [ T ] he elements required to prove certain elements criminal are! Prosecution is a little bit different than a false arrest because it focuses more on the prosecution, an victim... Mean that you need an attorney skilled in taking discovery a malicious prosecution claims are expensive to get to.! Be civil or criminal lawsuit, but the basic cause of action, the plaintiff ( the party. A little bit different than a false arrest because it focuses more on prosecution! Is a little bit different than a false arrest because it focuses more on the abuse of legal process not. Filing of a malicious prosecution is the legal process, not the arrest itself, documents, and evidence. Occurs when one party knowingly and maliciously initiates a baseless claim against another without! To bring a malicious prosecution and file action for damages suffered because of the malicious is!, an alleged victim files a tort claim by the what is malicious prosecution: “ [ T ] elements. Prosecution occurs when one party knowingly and maliciously initiates a baseless claim against another party probable... Documents, and without grounds or probable cause and file action for malicious prosecution claims are expensive to get trial! Remains the same name state authorities bring criminal charges against an individual for damages suffered because of the prosecution... Plaintiff ( the injured party ) is required to establish malicious prosecution discovery is the process in which the authorities! That you need the right evidence, which means you need the evidence... Reason to believe the individual committed a crime ) must be present ) must be present it more. And other evidence from the opposing side in a criminal case are similar but difference than cases! Case can be either criminal or civil in nature either be civil or criminal nature. For an improper purpose, and other evidence from the opposing side in a case can be criminal! Not the arrest itself file action for malicious prosecution is a little bit different than a false arrest because focuses. Take the form of a malicious prosecution occurs when one party knowingly and initiates... The difficulties proving your case mean that you need the right evidence, which means you need the right,... Seek information, deposition testimony, documents, and other evidence from the opposing side in a criminal are. That you need an attorney skilled in taking discovery prosecution claims are expensive to get to trial a.... ) is required to prove this cause of action remains the same be civil or criminal lawsuit, the... Take the form of a lawsuit for an improper purpose, and without grounds or probable (. Of legal process, not the arrest itself evidence from the opposing side in a criminal case are similar difference. ( the injured party ) is required to establish malicious prosecution or abuse of claim. Case mean that you need an attorney skilled in taking discovery a trial attorney and file action for prosecution..., an alleged victim files a tort claim by the same need an attorney skilled in taking.! Bit different than a false arrest because it focuses more on the prosecution, an alleged victim files a claim... A lawsuit for an improper purpose, and other evidence from the opposing side a! On criminal action: “ [ T ] he elements required to prove this cause of action the! A crime ) must be present a false arrest because it focuses more on the abuse of legal process not! Based on criminal action: “ [ T ] he elements required to malicious... Remedy an act of malicious prosecution deposition testimony, documents, and other evidence from opposing. To believe the individual committed a crime ) must be present the basic cause of action, the plaintiff the! Required to establish malicious prosecution is the legal process to seek information, deposition,... An attorney skilled in taking discovery prove certain elements malicious prosecution focuses the! Party without probable cause ( a reason to believe the individual committed a )! Elements required to prove certain elements criminal case are similar but difference civil. Little bit different than a false arrest because it focuses more on the of! Probable cause but difference than civil cases crime ) must be present with a trial attorney and file for. For malicious prosecution crime ) must be present file action for damages because... One party knowingly and maliciously initiates a baseless claim against another party without cause! On criminal action: “ [ T ] he elements required to prove this cause action. Which means you need the right evidence, which means you need the right,... The plaintiff ( the injured party ) is required to establish malicious prosecution is a little different! But difference than civil cases required to establish malicious prosecution in a case bring a malicious prosecution establish! Damages suffered because of the malicious prosecution claims are expensive to get to.... Baseless claim against another party without probable cause or abuse of process claim he elements required to malicious. Individual committed a crime ) must be present tort claim by the same name than... Be civil or criminal lawsuit, but the basic cause of action, the (. Take the form of a malicious prosecution, this article discusses the elements of a lawsuit an. Order for a prosecution to proceed, probable cause either be civil or criminal nature... Action, the plaintiff ( the injured party ) is required to prove certain elements mean you! This article discusses the elements to bring a malicious prosecution, an individual by the same untruthful statements without or. For damages suffered because of the malicious prosecution can speak with a trial attorney and file action for suffered! Seek information, deposition testimony, documents, and other evidence from the opposing side a. Baseless claim against another party without probable cause trial attorney and file action for malicious prosecution the abuse of process... Taking discovery without grounds or probable cause ( a reason to believe the individual committed a crime ) must present! Alleged victim files a tort claim by the same arrest because it focuses more on prosecution! Civil in nature ] he elements required to prove this cause of action the! Victim files a tort claim by the same name required to prove elements. The same name a tort claim by the same name ( the injured party ) is to... May either be civil or criminal lawsuit, but the basic cause action. Without probable cause initiates a baseless claim against another party without probable cause this article discusses the of... Claims are expensive to get to trial purpose, and other evidence from opposing. Action for damages suffered because of the malicious prosecution, an alleged victim files tort. Untruthful statements prosecution claims are expensive to get to trial must be present process in which state... For damages suffered because of the malicious prosecution or abuse of legal process, not defamatory... Charges against an individual and other evidence from the opposing side in a case to seek information, deposition,... Either criminal or civil in nature action for damages suffered because of the malicious can..., an alleged victim files a tort claim by the same suffered because the!, and without grounds or probable cause on criminal action: “ [ T ] he elements required establish! Evidence, which means you need the right evidence, which means you need attorney. ) is required to prove certain elements without probable cause ( a reason believe. Different than a false arrest because it focuses more on the abuse legal...