Malcious Prosecution

Question 1

What is malicious prosecution?

Answer 1

• When ∆ institutes criminal proceedings for an improper purpose,
• without probable cause,
• that terminate favorably for plaintiff,
• but still causes plaintiff damages

Question 2

When does ∆ lack probable cause for intiation of criminal proceedings?

Answer 2

When either:

1. a reasonable person possessing the same facts as the defendant would not have believed that

the plaintiff was guilty of the charged offense; OR

2. defendant did not actually believe that the plaintiff was guilty.