Proving lack of probable cause in a wrongful institution of civil proceedings case is more difficult than proving lack of probable cause in a malicious prosecution case.

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In a wrongful institution of civil proceedings case, the plaintiff must prove that the defendant lacked probable cause to file the lawsuit. This is a more difficult burden than proving lack of probable cause in a malicious prosecution case, where the plaintiff must only prove that the defendant did not have a reasonable belief that the lawsuit was meritorious.

Proving Lack of Probable Cause in a Wrongful Institution of Civil