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malicious prosecution,i would say, is an action for damages against the plaintiff by the defendant on various grounds....but solely out of malice,ill-will,spite....when i mentioned various grounds i meant that they were just excuses that the defendant used to prosecute the plaintiff whereas in fact his main reason was malice. here,the plaintiff and defendant can be old enemies or even competetors in the industrial realm or otherwise.Also, this case of malicious prosecution will not be justified by facts....rather it will be a a case brought about just to injure he plaintiff.
What else can I help you with?
What is the statute of malicious prosecution in Alabama?
Does the state of alabama recognize the tort of malicious prosecution?
What are some of decided cases about malicious prosecution in tort?
Malicious prosecution in tort occurs when one party initiates a legal action without probable cause and with malice, leading to damages for the wrongfully prosecuted party. Notable cases include Hoffman v. Board of Education, where the court ruled that the absence of probable cause in a prior proceeding can support a malicious prosecution claim. In Klein v. Grynberg, the court emphasized the importance of proving malice and lack of probable cause, ultimately allowing the plaintiff to succeed in their claim. These cases illustrate the legal standards and complexities involved in proving malicious prosecution.
What has the author Vishnu Mitter written?
Vishnu Mitter has written: 'The law of defamation and malicious prosecution, civil and criminal' -- subject(s): Malicious prosecution, Libel and slander 'Law of defamation & malicious prosecution' -- subject(s): Libel and slander, Malicious prosecution
Is perjury by an officer of the law in court considered malicious prosecution?
No
Can a tort also be a crime?
Yes, a tort can also be a crime. For example, if someone commits assault (a tort) against another person, it can also be charged as a criminal offense by the state. This means that the person may face both civil liability for the tort and criminal prosecution for the crime.
If someone has committed a tort of conversion can they be subject to a criminal prosecution?
Yes, something can be both a tort and a criminal offense. For example, if a person steals something they can be criminally prosecuted for theft, and found liable in civil court for the tort of conversion.
What is the statute of limitations for filing a malicious prosecution action in California?
Malicious prosecution is a tort and therefore is a civil court matter. Since it would be brought against an agency of the government, there are limitations, A notice of intent to sue must be filed as soon as possible and no later than one year from the discovery of the tort.
Can you sue for malicious prosecution after a forgery charge is either dismissed by the DA or one is found not guilty by a jury?
Yes, it is possible to sue for malicious prosecution after a forgery charge is dismissed by the District Attorney or if someone is found not guilty by a jury. To succeed in a malicious prosecution lawsuit, you would generally need to prove that the prosecution was brought without probable cause, initiated for malicious motives, and resulted in damage to your reputation, liberty, or finances. It is advisable to consult with a qualified attorney to understand the specific laws and requirements in your jurisdiction.
The 6th amendment allows for a speedy and public trail to protect the what?
To protect the accused against unfair or malicious prosecution.
What is the statute of limitations for medical malpractice in Oklahoma?
The statute of limitations for filing a malicious prosecution action in Oklahoma is 1 year. However, if a personal injury occurs as a result of the malicious prosecution the statute of limitations is 2 years.
What has the author Ahmad Sayid Dehlavi written?
Ch. Saghir. Ahmad has written: 'Law of defamation & malicious prosecution' -- subject(s): Libel and slander, Malicious prosecution
If innocent in a felony charge can you get retribution?
From who, your accuser(s)? The Government, for prosecuting you? No. But if you feel that your "rights" were violated during either the investigation or the prosecution you could try filing a civil lawsuit for malicious prosecution, or a federal charge of violating your constitutionally protected rights.
