Monday, April 1, 2013

Malicious Prosecution

Malicious prosecution definition: is a common justness intentional tort, while like the tort of abuse of process, its elements allow (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or malefactor) that is (2) brought without probable cause and (3) discount in favor of the victim of the malicious prosecution. In nearly jurisdictions, the term malicious prosecution denotes the unlawful initiation of flagitious proceedings, while the term malicious use of process denotes the wrongful initiation of civil proceedings.
Criminal prosecuting attorneys and judges are saved from tort liability for malicious prosecution by doctrines of prosecutorial license and judicial immunity. Moreover, the mere filing of a complaint cannot embody an abuse of process. The parties who bewilder abused or misused the process, have g bingle beyond merely filing a lawsuit. The winning of an appeal, even a featherbrained one, is not enough to present an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper root word for an abuse of process action.
Declining to expand the tort of malicious prosecution, a unanimous California Supreme Court in the look of Sheldon Appel Co. v. Albert & Oliker, 47 Cal.

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3d 863, 873 (1989) observed: While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unreasonable judicial proceeding is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct at bottom that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded.

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