Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Question

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Malicious prosecution is a tort that allows a person to recover for damages caused by a wrongful prosecution or lawsuit filed without probable cause. Emotional distress is a potential component of damages, but it is not the only type of damages available, and it is not the primary focus of the claim. It is not a claim for negligence, as malice or ill will is an essential element of the tort.

Malicious Prosecution Is a Tort That Permits a Person to Recover