Malicious Prosecution

Legal Definition and Related Resources of Malicious Prosecution

Meaning of Malicious Prosecution

In an action for malicious prosecution the plaintiff must prove : (1) the prosecution of the plaintiff; (2) a determination favorable to the plaintiff in the prosecution; (3) that the defendant was the prosecutor or legally caused the prosecution; (4) that the defendant was motivated by malice in prosecuting the plaintiff, that he did not have reasonable and probable cause for the prosecution; and (5) the plaintiff sustained damages .

Malicious Prosecution Alternative Definition

A judicial proceeding instituted without probable cause (97 U. S. 642; 59 Ind. 500), and with malicious intent (7 111. App. 181; 30 N. Y. 625). While malice may be inferred by the jury from absence of probable cause, the presence of malice in fact is essential. 44 Gal. 144. At common law, the malicious prosecution of a civil action was actionable (Co. Litt. 161) , but in most of the states only the malicious institution of a criminal proceeding is the subject of an action. (4 N. J. Law, 330).

Related Entries of Malicious Prosecution in the Encyclopedia of Law Project

Browse or run a search for Malicious Prosecution in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Malicious Prosecution in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Malicious Prosecution in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Malicious Prosecution in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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Malicious Prosecution Legal Definition

An action instituted with intention of injuring defendant and without probably cause and which terminates in favor of the person prosecuted.

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This definition of Malicious Prosecution is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Malicious prosecution in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of malicious prosecution.

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See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Meaning of Malicious Prosecution in the U.S. Legal System

Definition of Malicious Prosecution published by the National Association for Court Management: An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.


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