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Torts • Abuse of Power
TORT#023
Legal Definition
Abuse of process is the wrongful use of civil or criminal process for an ulterior purpose, and a definite act or threat against the plaintiff in order to accomplish the ulterior purpose.
Plain English Explanation
Justice is a process. When that process is hijacked for a separate—usually personal or selfish—purpose, then the process has been abused.
For example, imagine if someone owed you $100 and you knew that they had a warrant out for their arrest. You are within your rights to demand the $100 they owe you, and you are also within your right to call the police and let them know where they can find and arrest the person for their outstanding warrant. However, you may not use a threat of calling the police as leverage in trying to force the person to pay you $100. To do so would be an abuse of the legal process.
For example, imagine if someone owed you $100 and you knew that they had a warrant out for their arrest. You are within your rights to demand the $100 they owe you, and you are also within your right to call the police and let them know where they can find and arrest the person for their outstanding warrant. However, you may not use a threat of calling the police as leverage in trying to force the person to pay you $100. To do so would be an abuse of the legal process.
