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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:
- The case was started or continued
- There was no good reason to start the case
- The person who started the case did it on purpose to hurt the other person
- 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.