Copyright 2014, Richard P. Clem
Richard P. Clem Continuing Legal Eduction

Clem on Torts is a comprehensive review of the material covered in a first-year torts class in an American law school. It is available free of charge on this website, and is also available for purchase as an Amazon Kindle book.

The tort of malicious prosecution is the improper and unjustified bringing of a criminal proceeding against the plaintiff. There are four elements:

1. The defendant must have instigated a criminal proceeding against the plaintiff.
2. That proceeding terminated in the plaintiff’s favor.
3. There was no probable cause. “Probable cause” is defined as a belief in guilt, and the belief must have been justified by fact that would lead a reasonable person to believe that the person was guilty.
4. There must be malice. “Malice” is broadly defined as being any purpose other than bringing a criminal to justice.

The tort of malicious use of process is nearly identical, but it involves the institution of a civil proceeding.

Abuse of process is the tort of using the legitimate process of a court for any illegitimate purpose.

Clem on Torts is also available at Amazon as a Kindle book.

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Richard P. Clem, Attorney
PO Box 14957
Minneapolis, MN 55414
Phone: 612-378-7751
e-mail: clem.law@usa.net
Minnesota Attorney Registration Number 0192648