malicious prosecution

English

Noun

malicious prosecution (countable and uncountable, plural malicious prosecutions)

1. A common law intentional tort which arises from a party (1) intentionally and maliciously instituting or pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the other party.

Usage notes

In some jurisdictions, "malicious prosecution" is reserved for the wrongful initiation of criminal proceedings, while "malicious use of process" refers to the wrongful initiation of civil proceedings.

Related terms

• abuse of process