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Malicious prosecution and abuse of process are related types of civil lawsuits where one person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use the legal system against the plaintiff in an inappropriate manner. The prior case can be either criminal or civil in nature.
The Elements of Abuse of Process However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are: The existence of an ulterior motive or purpose in using the process, and. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.
If a civil or criminal case is wrongfully prosecuted, the defendant in that case may be able to turn around and sue the plaintiff for malicious prosecution. One person can sue another person when a previous criminal or civil lawsuit was brought for wrongful purposes.
In the case of false imprisonment there is an important element of total restraint of personal liberty without lawful justification. But in the case of malicious prosecution there is the element of causing damage by means of an abuse of the process of Court.In an action for false imprisonment, it is not so required.