Malicious prosecution is a willful tort in the US common law system where one party files a false or baseless legal claim against another. It can take many forms, including false criminal complaints or improper civil suits. The victim of malicious claims can sue for damages, but prosecutors are usually immune. The purpose of tort is to protect innocent parties from harassing litigation and financial loss.
Malicious prosecution is when one party files a false or baseless legal claim against another. It is a recognized willful tort in the United States common law system. A malicious prosecution is a lawsuit brought by the person who has been subjected to improper prosecution.
Malicious prosecution can take many forms. A person can bring a false criminal complaint against another party. This false report can lead the victim of the malicious claims to be subjected to a criminal trial or criminal investigation. One person can also bring a malicious tort action against another. This improper civil suit, like an improper criminal charge, could be considered a form of malicious prosecution.
The exact nature of malicious prosecution varies from jurisdiction to jurisdiction. In the United States, for example, there are three elements of tort in some states. In Canada, similar rules apply, while in England and some areas of the United States, the party bringing the suit must prove that he has suffered damages from the tort civil or criminal action other than the suit itself.
In most jurisdictions, the first element of a prosecution based on a prosecution is that the tortfeasor, the person who committed the tort, intentionally and fraudulently initiated or had a prosecution initiated. The second element is that the action is brought without cause. The third element is that the original lawsuit was dismissed in favor of the victim who sued for the malicious lawsuit.
A person who is maliciously prosecuted is usually entitled to damages from the person who initiated the malicious action. These damages are monetary damages. They include actual losses and may include pain and suffering since tort is an intentional tort.
Prosecutors in most jurisdictions are immune from a lawsuit for intentionally prosecuting an individual. In some parts of Canada, however, this immunity has been toned down or modified, so there is no absolute criminal immunity. Prosecutors must however avoid intentionally prosecuting anyone, as they are sworn in when they become officers of the court.
Tort exists because courts want to protect an innocent party from being the subject of harassing litigation. Otherwise, a person could be using the justice system — or the threat of criminal or civil prosecution — improperly. The willfully prosecuted victim could also suffer serious financial loss.
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