Abuse of Process

Legal Definition and Related Resources of Abuse Of Process

Meaning of Abuse Of Process

A perverted use of legal process ; occurs where a party employs legal process for some unlawful object , not for the purpose intended by law. Issuing or launching legal process frivolously, without any cause of action , to gain a collateral advantage. To improperly use legal process or pervert same, after it has been issued.

Related Entries of Abuse Of Process in the Encyclopedia of Law Project

Browse or run a search for Abuse Of Process 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.

Abuse Of Process in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Abuse Of Process in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Abuse Of Process in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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What does Abuse of process mean in American Law?

The definition of Abuse of process in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

A tort, the gist of which is the use of civil or criminal process to accomplish an ulterior end not properly attainable thereby, e.g., having someone arrested for a crime in order to force him to pay a debt. This tort is distinguishable from another, malicious prosecution, in that to make out an action for malicious prosecution one must prove that the process was initiated wrongfully (without probable cause, for instance or without any credible belief in its eventual success); but it will state a cause of action for “abuse of process” even if the process is justified, even, indeed, if the action is ultimately successful, if the process was initiated for an improper ulterior purpose.

Abuse of process in Law Enforcement

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


See Also

  • Law Enforcement Officer
  • Police Officer
  • Law Enforcement Agency

Further Reading

English Legal System: Abuse of Process

In the context of the English law, A Dictionary of Law provides the following legal concept of Abuse of Process : A tort where damage is caused by using a legal process for an ulterior collateral purpose. (See also malicious prosecution). Actions that are obviously frivolous, vexatious, or in bad faith can be stayed or dismissed by the court as an abuse of process.

Meaning of Abuse of Process


See Also

  • Malicious Prosecution
  • Process
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