MALICIOUS PROSECUTION Meaning and
Definition
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Malicious prosecution is a legal term that refers to the unjust initiation of a criminal or civil legal proceeding against someone with ill intent or without probable cause. It involves the malicious intent to harm or harass another individual by instituting legal action against them, despite knowing that the case lacks merit or evidence.
In a malicious prosecution claim, the plaintiff, often the party who was wrongly accused, seeks damages for the harm caused due to the baseless legal action. To prove malicious prosecution, the plaintiff must demonstrate a series of elements, including that the original case was pursued without probable cause, maliciously motivated, and that it resulted in damage or injury to their reputation, emotional well-being, or financial situation.
A key aspect of malicious prosecution is the absence of an honest belief or reasonable grounds for proceeding with the legal action. The focus is on the intent behind the initiation of the case and the abuse of the legal system for personal gain or to inflict harm on another party.
The concept of malicious prosecution serves as a legal safeguard against abuse of the legal system and aims to provide remedies to individuals who have suffered unjust harm due to groundless or malicious legal actions. It acts as a deterrent to discourage individuals from misusing the legal process for personal vendettas or malicious purposes.
Common Misspellings for MALICIOUS PROSECUTION
- nalicious prosecution
- kalicious prosecution
- jalicious prosecution
- mzlicious prosecution
- mslicious prosecution
- mwlicious prosecution
- mqlicious prosecution
- makicious prosecution
- mapicious prosecution
- maoicious prosecution
- malucious prosecution
- maljcious prosecution
- malkcious prosecution
- malocious prosecution
- mal9cious prosecution
- mal8cious prosecution
- malixious prosecution
- malivious prosecution
- malifious prosecution
- malidious prosecution
Etymology of MALICIOUS PROSECUTION
The word "malicious prosecution" is a legal term that refers to the wrongful initiation of criminal or civil proceedings, motivated by malice, and lacking probable cause.
The etymology of the term can be broken down as follows:
1. Malicious: The word "malicious" comes from the Latin word "malitia", meaning "wrongdoing" or "evil intent". It is derived from the Latin word "malus", which means "bad" or "evil". The term "malicious" indicates an intention to harm or cause damage.
2. Prosecution: The word "prosecution" comes from the Latin word "prosecutio", which means "the act of pursuing" or "the act of carrying forward". It is derived from the Latin verb "prosequi", which means "to follow" or "to pursue".
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