Malicious Prosecution Essay Example
I.
The cases discussed below seem to agree on the four main elements of malicious prosecution: (1) termination of earlier suit in the plaintiff’s favor, (2) lack of probable cause for the suit, (3) malice on the defendant’s part, and (4) special injury flowing from the earlier suit. Frey v. Stoneman, 722 P. 2d 274, 277 (Ariz. 1986); Young v. Motor City Apartments, 133 Mich. App. 671, 675, 350 N.W.2d 790, 792 (1984). Elements (2) and (3) are satisfied in our client’s case: the earlier suit lacked probable cause; and the suit was presumably malicious because the lienholder’s only motive was to put her out of business. Element (1) is dicussed under Issue I and element (4) is discussed under Issue II below.
Can a plaintiff sue satisfying the first requirement for malicious prosecution requiring that the termination of the earlier suit be in the plaintiffs favor when in this case the termination of judicial proceedings is in the nature of a voluntary dismissal by the initial plaintiffs who filed the complaint?
As for the first element¬-- favorable termination-- some cases say that it is satisfied by abandonment or dismissal and without any final determination merits. But other cases require that an adjudication on the merits is necessary for a determination that a termination was in the plaintiff’s favor. When there is a withdrawal of proceedings by the person who is bringing them it is regarded as a favorable termination in the plaintiff’s favor. In our case our client should succeed because the defendant dismissed the suit on his own.
In Colli v. Kamins, 468nA.2d 295 (Conn.Super. 1983) a lawsuit instituted on grounds of malicious prosecution based on a prior civil suit which was voluntarily withdrawn was sufficient to satisfy element (1) that the prior proceedings terminate in the plaintiff’s favor. After the initial lawsuit had been pending for more than three years the current defendant’s withdrew their case against the plaintiff’s. The defendant’s in this
The cases discussed below seem to agree on the four main elements of malicious prosecution: (1) termination of earlier suit in the plaintiff’s favor, (2) lack of probable cause for the suit, (3) malice on the defendant’s part, and (4) special injury flowing from the earlier suit. Frey v. Stoneman, 722 P. 2d 274, 277 (Ariz. 1986); Young v. Motor City Apartments, 133 Mich. App. 671, 675, 350 N.W.2d 790, 792 (1984). Elements (2) and (3) are satisfied in our client’s case: the earlier suit lacked probable cause; and the suit was presumably malicious because the lienholder’s only motive was to put her out of business. Element (1) is dicussed under Issue I and element (4) is discussed under Issue II below.
Can a plaintiff sue satisfying the first requirement for malicious prosecution requiring that the termination of the earlier suit be in the plaintiffs favor when in this case the termination of judicial proceedings is in the nature of a voluntary dismissal by the initial plaintiffs who filed the complaint?
As for the first element¬-- favorable termination-- some cases say that it is satisfied by abandonment or dismissal and without any final determination merits. But other cases require that an adjudication on the merits is necessary for a determination that a termination was in the plaintiff’s favor. When there is a withdrawal of proceedings by the person who is bringing them it is regarded as a favorable termination in the plaintiff’s favor. In our case our client should succeed because the defendant dismissed the suit on his own.
In Colli v. Kamins, 468nA.2d 295 (Conn.Super. 1983) a lawsuit instituted on grounds of malicious prosecution based on a prior civil suit which was voluntarily withdrawn was sufficient to satisfy element (1) that the prior proceedings terminate in the plaintiff’s favor. After the initial lawsuit had been pending for more than three years the current defendant’s withdrew their case against the plaintiff’s. The defendant’s in this