Ashley is unhappy with her neighbor, Josh, because Josh is pressing charges against her for repeatedly trespassing on his property. She tells him that unless he drops the charges, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Ashley because she is up late anyway, she thinks that will encourage Josh to drop the trespassing charges. Josh, however, continues to press charges, and Ashley proceeds to sue Josh for nuisance. Which of the following is true?
A) Ashley is completely within her rights and has done nothing wrong because Josh really is playing the stereo late at night.
B) Josh can sue Ashley for malicious prosecution and win only if he wins the nuisance action.
C) Josh can sue Ashley for abuse of process and win only if he wins the nuisance action.
D) Josh can sue Ashley for malicious prosecution and win regardless of whether or not he wins the nuisance action.
E) Josh can sue Ashley for abuse of process and win regardless of whether or not she wins the nuisance action.

Question

Quizplus · Accepted Answer

Ashley's action constitutes abuse of process because she is using the legal system for an ulterior motive (to pressure Josh into dropping the trespassing charges), not to redress a genuine grievance. Winning or losing the nuisance action is irrelevant to the abuse of process claim.

Ashley Is Unhappy with Her Neighbor, Josh, Because Josh Is