tort law · claim
Malicious prosecution is a tort claim that allows individuals to seek damages when they have been subjected to criminal or civil proceedings without probable cause, and with malice. It protects individuals from wrongful use of the legal system.
The plaintiff must show that the defendant initiated or continued legal proceedings against them.
What to prove: It must be established that the defendant was involved in instigating, or continuing, the litigation or prosecution.
The plaintiff must demonstrate that there was no probable cause for the legal action taken against them.
What to prove: The facts known to the defendant at the time of initiating proceedings must be shown to be insufficient to justify a reasonable belief in the plaintiff's guilt or liability.
The plaintiff needs to prove that the defendant acted with malice in initiating the proceedings.
What to prove: Malice can be inferred if the defendant had a wrongful motive or purpose beyond merely bringing a lawsuit.
The outcome of the prior lawsuit or prosecution must have been resolved in favor of the plaintiff.
What to prove: The plaintiff must show that the previous legal action concluded in a manner that vindicates them; this means no conviction in the original criminal case or a dismissal of the civil claim.
The burden of proof lies with the plaintiff, who must establish the elements of their claim by a preponderance of the evidence.
Malicious prosecution frequently appears in essay questions; focus on the elements and consider various fact patterns that could highlight the lack of probable cause and malice.