| Dictionary |
|
Malicious prosecution A malicious prosecution is an abuse of the process of court by wrongfully setting the law in motion on a criminal charge. To be actionable as a tort the process must have been without reasonable and probable cause and must have been instituted or carried on maliciously. The plaintiff must prove damage, except where the charge endangers his fame or person, in which cases damage is implied. Halsburys Laws of England. The foundation of an action for malicious prosecution lies in abuse of the process of court by wrongfully setting the law in motion and it is designed to discharge the perversion of the machinery of justice for an improper purpose. In a suit for damages for malicious prosecution, the plaintiff must prove that the defendant acted without reasonable and probable cause and that the defendant was actuated by malice. |