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Malicious Prosecution: What It Means and How It Affects You
Definition & Meaning
Malicious prosecution refers to the act of initiating a legal action without a legitimate basis, primarily to harass or intimidate the defendant. This legal term applies when a lawsuit is filed with malice, lacks probable cause, and ultimately ends in favor of the defendant. In such cases, the defendant may seek damages for any harm caused to their person, property, or reputation as a result of the baseless lawsuit.
Table of content
Legal Use & context
Malicious prosecution is primarily relevant in civil and criminal law. It is often invoked in situations where a party believes they have been wrongfully sued without sufficient evidence or justification. Legal practitioners may assist clients in navigating the complexities of malicious prosecution claims, including the preparation of necessary legal documents. Users can utilize US Legal Forms to access templates that help in filing claims or defenses related to such cases.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A business owner files a lawsuit against a competitor claiming trademark infringement, despite knowing that the competitor's product does not infringe on their trademark. The competitor wins the case and can sue for malicious prosecution, showing that the original lawsuit was filed with the intent to harm their business.
Example 2: A person is falsely accused of theft and is taken to court. After the case is dismissed, the accused can file a claim for malicious prosecution against the accuser, demonstrating that the accusation was made without any factual basis and with malicious intent. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Requires proof of special damages for a malicious prosecution claim.
New York
Allows claims for both civil and criminal malicious prosecution, with specific legal standards.
Texas
Focuses on the intent and knowledge of the plaintiff when filing the original suit.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Abuse of Process
Using legal process for an ulterior motive, but not necessarily lacking probable cause.
Defamation
Making false statements that harm someone's reputation, which can sometimes overlap with malicious prosecution claims.
Common misunderstandings
What to do if this term applies to you
If you believe you have been a victim of malicious prosecution, consider the following steps:
Gather evidence showing that the original lawsuit was filed without probable cause.
Document any damages you suffered as a result of the lawsuit.
Consult with a legal professional to discuss your situation and evaluate your options.
You can explore US Legal Forms for templates that may help you file a claim for malicious prosecution.
Find the legal form that fits your case
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Possible penalties: Damages awarded can include punitive damages if malice is proven.
Key takeaways
Frequently asked questions
Malicious prosecution focuses on the lack of probable cause in initiating a lawsuit, while abuse of process involves using legal procedures for an ulterior motive.
No, the original lawsuit must have been resolved in your favor to pursue a claim for malicious prosecution.
You may recover special, general, and potentially punitive damages if you can prove the original suit was filed with malice.