If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that the defendant acted without probable cause.

Question

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In a malicious prosecution claim, the acquittal of the plaintiff does not automatically mean the defendant acted without probable cause. Probable cause is assessed based on the information available to the defendant at the time of the original action, not on the outcome of that action.

If a Plaintiff Is Acquitted, It Can Be Assumed, for Purposes