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LSDefine

Simple English definitions for legal terms

malicious use of process

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A quick definition of malicious use of process:

Malicious use of process is when someone starts a lawsuit or legal action against someone else for a bad reason and without a good reason. This is called malicious prosecution. To prove it, the person who was sued has to show that the lawsuit was started without a good reason, that the person who started it did it on purpose to hurt them, and that the lawsuit ended in their favor. Once the lawsuit is over, the person who was sued can sue the other person for damages. This is also called malicious use of process or malicious institution of civil proceedings. It is different from abuse of process, which is when someone uses legal action for a purpose other than what it was meant for.

A more thorough explanation:

Malicious use of process is when someone starts a legal case against someone else for a bad reason and without a good reason. This is also called malicious prosecution. To prove this, the person who was sued needs to show four things:

  1. The case was started or continued
  2. There was no good reason to start the case
  3. The person who started the case did it on purpose to hurt the other person
  4. The case ended in favor of the person who was sued

If someone is found guilty of malicious use of process, the person who was sued can sue for damages.

For example, if someone starts a lawsuit against their neighbor just because they don't like them, and there is no good reason for the lawsuit, this could be considered malicious use of process. If the neighbor wins the case, they can sue the person who started the lawsuit for damages.

Another example could be if a company starts a lawsuit against a former employee just to make them look bad, even though there is no good reason for the lawsuit. If the former employee wins the case, they can sue the company for damages.

malicious trespass | malignare

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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