malicious prosecution

malicious prosecution
"LAW.COM Dictionary":
n. filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim.
See also: malice

English-Chinese law dictionary (法律英汉双解大词典). 2013.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • malicious prosecution — n: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause; also: an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking …   Law dictionary

  • Malicious prosecution — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a …   The Collaborative International Dictionary of English

  • Malicious prosecution — Tort law Part of the …   Wikipedia

  • malicious prosecution of civil action — See malicious prosecution …   Ballentine's law dictionary

  • malicious prosecution — A criminal prosecution begun in malice, without probable cause to believe it can succeed, and finally ending in failure. 34 Am J1st Mal Pros § 2. An action for damages brought by one against whom a criminal prosecution, civil suit, or other legal …   Ballentine's law dictionary

  • malicious prosecution — noun law : the bringing of a civil or criminal proceeding against another in a court of law without reasonable cause and with malicious intent …   Useful english dictionary

  • malicious prosecution — noun A common law intentional tort which arises from a party (1) intentionally and maliciously instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3)… …   Wiktionary

  • Malicious — Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a name.… …   The Collaborative International Dictionary of English

  • Malicious abandonment — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a …   The Collaborative International Dictionary of English

  • Malicious arrest — Malicious Ma*li cious, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See {Malice}.] 1. Indulging or exercising malice; harboring ill will or enmity. [1913 Webster] I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a …   The Collaborative International Dictionary of English

  • malicious — ma·li·cious /mə li shəs/ adj: given to, marked by, or arising from malice malicious destruction of property ma·li·cious·ly adv ma·li·cious·ness n Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”