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Torts • Malicious Prosecution
TORT#025
Legal Definition
Abuse of process is doing a permissible thing for an impermissible reason. Malicious prosecution is doing an impermissible thing for an impermissible reason.
Plain English Explanation
When someone has done something legally wrong, and you use knowledge of that to force them to do what you want, you have committed abuse of process. When someone has done nothing illegal, and you attempt to get them in trouble with the legal system, you have committed malicious prosecution.
