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Malicious prosecution

Index Malicious prosecution

Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. [1]

20 relations: Abuse of process, Barratry (common law), Civil law (common law), Common law, Criminal law, Crown attorney, Frivolous litigation, Law of Canada, Legal abuse, Legal immunity, Malice (law), Miazga v Kvello Estate, Police, Probable cause, Public policy doctrine, Selective prosecution, Strategic lawsuit against public participation, Tort, U.S. state, Vexatious litigation.

Abuse of process

Abuse of process is a cause of action in tort arising from one party making misusing or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.

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Barratry (common law)

Barratry is a legal term with several meanings.

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Civil law (common law)

Civil law is a branch of the law.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Criminal law

Criminal law is the body of law that relates to crime.

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Crown attorney

Crown Attorneys or Crown Counsel (or, in Alberta and New Brunswick, Crown Prosecutors) are the prosecutors in the legal system of Canada.

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Frivolous litigation

In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.

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Law of Canada

The Canadian legal system has its foundation in the English common law system, inherited from being a former colony of the United Kingdom and later a Commonwealth Realm member of the Commonwealth of Nations.

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Legal abuse

Legal abuse refers to abuses associated with both civil and criminal legal action.

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Legal immunity

Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity can not be held liable for a violation of the law to facilitate societal aims that outweigh the value of imposing liability in such cases.

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Malice (law)

Malice is a legal term referring to a party's intention to do injury to another party.

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Miazga v Kvello Estate

Miazga v Kvello Estate, is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an accused person is actually guilty. Nor can there be a presumption of malice from a lack of reasonable and probable grounds.

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Police

A police force is a constituted body of persons empowered by a state to enforce the law, to protect people and property, and to prevent crime and civil disorder.

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Probable cause

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.

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Public policy doctrine

In private international law, the public policy doctrine or ordre public (lit. Fr. "public order") concerns the body of principles that underpin the operation of legal systems in each state.

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Selective prosecution

In jurisprudence, selective prosecution is a procedural defense in which a defendant argues that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute.

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Strategic lawsuit against public participation

A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.

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Tort

A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.

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U.S. state

A state is a constituent political entity of the United States.

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Vexatious litigation

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary.

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Malicious Prosecution.

References

[1] https://en.wikipedia.org/wiki/Malicious_prosecution

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