Understanding Civil Causes of Action - Malicious Prosecution: A Legal Overview
Definition & Meaning
Malicious prosecution is a legal term that refers to a situation where someone initiates a criminal or civil case against another person without a valid reason. This wrongful action is typically intended to harm the other person, rather than to seek justice. To succeed in a malicious prosecution claim, the person bringing the claim (the plaintiff) must demonstrate that the original case was brought with malice and without probable cause. Additionally, the plaintiff must have been acquitted or won a final judgment in their favor in the initial case.
Legal Use & context
Malicious prosecution is primarily used in civil law, although it can also apply in some criminal contexts. It serves as a legal remedy for individuals who have been wrongfully accused or subjected to unfounded legal actions. This term is relevant for those who may be considering filing a lawsuit against someone who has wrongfully prosecuted them. Users can manage some aspects of malicious prosecution cases with the right legal forms and templates, such as those offered by US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A business owner files a lawsuit against a competitor, claiming theft of trade secrets, knowing that the competitor did not engage in any wrongdoing. If the competitor wins the case, they may have grounds for a malicious prosecution claim.
Example 2: A person is wrongfully accused of a crime by a neighbor who has a personal vendetta. After being acquitted in court, the accused individual may pursue a malicious prosecution claim against the neighbor. (hypothetical example)