tort law · claim
Abuse of process occurs when a party uses a legal process in an improper manner, primarily for an ulterior purpose unrelated to the intended legitimate use of the process. This tort protects individuals from being subjected to litigation malpractices that serve no legitimate legal purpose.
The claimant must show that the legal process was initiated for a purpose other than that which the process was designed to achieve.
What to prove: It must be demonstrated that the defendant had an ulterior motive, such as coercion or harassment, rather than a legitimate legal objective.
The claimant must demonstrate that the process was misused or abused in some manner, beyond mere initiation of the process.
What to prove: Evidence must show that the defendant engaged in conduct within the legal process that was improper, such as a failure to make a proper court appearance or initiating process despite lacking probable cause.
The plaintiff bears the burden of proof, and the standard is typically preponderance of the evidence.
Abuse of process often appears in exam questions involving civil tort claims relating to legal malpractice or improper legal actions. Focus on the distinction between abuse of process and malicious prosecution.