Deck 6: Misuse of Legal Proceedings

Question 1

Which of the following is not an element of wrongful civil proceedings?

A) initiation of civil proceedings
B) with probable cause
C) malice
D) termination in favor of the person against whom the civil proceedings were brought

Answer 1

B

Question 2

In some states, malicious prosecution is limited to criminal matters while civil matters are covered by the separate tort called malicious civil prosecution or wrongful civil proceedings.

Answer 2

True

Question 3

If the proceedings were improperly initiated, the tort to bring is abuse of process.

Answer 3

False

Question 4

Malice means proper purpose but with the intent to harm someone.

Question 5

Because Jim hates Bill, Jim initiates a criminal case against Bill for which there was probable cause. Yet the charges against Bill are dismissed. Bill then sues Jim for malicious prosecution.

A) Jim's motive is irrelevant to the success or failure of Bill's malicious prosecution action against Jim.
B) The dismissal of the charge against Bill ensures the success of his malicious prosecution action against Jim.
C) Bill can successfully sue Jim for malicious prosecution because of Jim's hate motive.
D) The existence of probable cause in the criminal case does not defeat Bill's action for malicious prosecution.

Question 7

The district attorney's statement of his or her decision not to prosecute is called ________.

Question 8

In some states, malicious prosecution covers both criminal proceedings and civil proceedings wrongfully initiated.

Question 9

Which of the following outcomes are on the merits?

A) a dismissal due to the statute of limitations
B) a jury verdict
C) a decision by the plaintiff to withdraw his or her complaint

Question 10

Malicious prosecution requires the proof of damages.

Question 11

If probable cause existed, there can be no tort of malicious prosecution even if the accused is acquitted.

Question 14

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is abuse of process.

Question 15

Criminal proceedings must terminate in favor of the ________ before this person can sue for the tort of malicious prosecution.

Question 16

If the proceedings were properly initiated, but for an improper purpose, the tort to bring is malicious prosecution.

Question 17

The person who contacts the police and initiates a criminal complaint is called a/an ________.

Question 18

By definition, there could not have been probable cause in a case where the accused was found innocent.

Question 19

If civil or criminal proceedings were properly initiated for an improper purpose, the accused can sue for the tort of ________.

Question 21

Why does the law want to discourage citizens from using the tort of malicious prosecution?

Question 23

Name several factors a court will use to determine whether probable cause existed.