Malicious Prosecution Definition
Malicious Prosecution
DEFINITION
Plaintiff and plaintiff’s attorney acting in bad faith. Intentionally pursuing legal action without probable cause. Withholding information from courts it knew or should have known would defeat a judgment or a motion against a defendant. This is a personal injury cause of action, not a crime. Malicious prosecution is a claim that can be raised in a lawsuit. Sue wrongfully. This is normally used against investigators, or attorneys. This is also a civil lawsuit. There is no jail time. The lawsuit that asks for monetary damages. Damages could include legal fees and lost wages. For a prosecution to be malicious, it has show no probable cause.
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Terri J Lee S.
Arizona Member
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