Malicious Prosecution: The Basics Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. The statute begins to run on termination of the underlying prosecution or suit. What is Malicious Prosecution? Malicious prosecution is when one party files an untrue or baseless legal complaint against another. Vicarious liability (Negligence (TORT)) Nuisance (TORT) Physical injury (TORTS) Slander (Defamation, TORT) Tortfeasors. The prior case can be either criminal or civil in nature. The revival of the tort of malicious prosecution opens up the possibility of a just outcome for individuals who are accused of serious wrongdoing and forced to engage in expensive and lengthy litigation. The intentional "dignitary" tort of malicious prosecution may be brought by someone against whom a criminal or civil action has proceeded without probable cause and with malicious intent. Trespass to land. Discussion: How would you propose balancing the objective of protecting the wrongfully accused against dissuading someone from pressing charges against someone who committed a crime against them? Malicious prosecution involves the wrongful institution of criminal proceedings by one private citizen against another private citizen that results in damages to the plaintiff. In either case, the plaintiff may claim compensatory and sometimes punitive damages. Search, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts. Even the malicious issuance of a search warrant without probable cause may trigger such a claim. Every man has some reputation right every honest citizen wants protection from being unnecessarily dragged before a court of law for unnecessary variation worry and unjust charge brought against him. The main difference between claims based on criminal and civil actions has to do with evidence. June 7, 2011 Leave a comment. It is unclear whether the limitations period for a malicious civil prosecution suit is one year or two years. Please try again. malicious prosecution a tort of abuse of legal procedure. The six elements of this claim are as follows: Being the subject of a malicious prosecution can cause a wide range of injuries, whether it's from unsubstantiated criminal charges or a bogus civil claim. Such actions are referred to as malicious prosecution, whether it's an unscrupulous prosecutor filing false charges against a political rival or a corporation suing a small business in order to put the competition out of business. 1. Practice Question: Autumn cheats on her boyfriend with Isaac. If you still have questions or prefer to get help directly from an agent, please submit a request. However, potential claimants will need to carefully consider the financial position of their opponent and whether the damages sought would be proportionate to the cost of proceedings. The lawsuit may either be civil or criminal in nature. The basis for this tort to be actionable is injury to the plaintiff’s character, person or ​​ property. See also Vexatious litigation. It is also an action for damages based on this tort brought after the termination of the proceedings in favor of the party seeking damages. The tort of malicious prosecution is meant to act as a safeguard to protect individuals from facing unwarranted charges in the criminal courts. To remedy an act of malicious prosecution, an alleged victim files a tort claim by the same name. Being sued in a similarly malicious manner can also take its toll on one's emotional well-being. Defending against bogus criminal charges can be a traumatic experience for anyone, particularly if those charges were filed with malice. Proceedings instituted maliciously may include not only malicious prosecution and malicious arrest but also malicious bankruptcy and liquidation proceeding (civil proceedings), malicious execution of process against property, and malicious search. Since prosecutors have considerable discretion over which cases are pursued and private citizens are free to file lawsuits, this tort provides an essential check on potential abuses. Tort – Malicious prosecution.