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malicious prosecutioin (CRIMINAL LAW & PROCEDURE)

Thu, 24 Mar 2005 17:39:00 GMT

What is the name of your state?ca
what is malicious prosecution?
how can one show/prove malicious prosecution?
does anyone know anything at all on this subject?
please oh please oh please help me

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  • Thu, 24 Mar 2005 21:53:00 GMT(1)
  • Quote:

    Originally Posted by NayeBomb

    This is the link to her situation.
    http://forum.freeadvice.com/showthread.php?t=233113


    I guess in her first post since she said it was 8 months ago she found the letter that brought up all these facts... she tried to do something and
    failed?
    Look OP we can try to help... if we want to... need to know what the heck you are talking about... we are not dentists nor do we play one on teevee..
    Well I don't... there have been hints at some posers around here but I don't want to start a whole new thread war.. those are getting threadwear..
  • Thu, 24 Mar 2005 18:19:00 GMT(2)
  • he gave you links to cases for reference
    read them and you shall see the exact meaning by law!
  • Thu, 24 Mar 2005 18:08:00 GMT(3)
  • ok ,you confused me ,english please
    but i do thank you all the same
  • Thu, 24 Mar 2005 18:28:00 GMT(4)
  • so Legalese isn't one of your languages...
    Tell me your story... I will try it in laymans language... I am working on nothing here.
    Who did what to who when ... and why?
    Oh... please use paragraphs... its a pet peeve of mine.
  • Thu, 24 Mar 2005 17:55:00 GMT(5)
  • The elements of a malicious prosecution case are (1) that the defendant filed and/or prosecuted the underlying civil action; (2) a favorable termination of the prior case, in which the innocence of the former defendant was established; (3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable; (4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research, and (5) damages.
    Regardless of the subject matter of the underlying lawsuit, the theme will generally be that the lawyer-defendant has violated a sacred public trust which bestows the power to file and prosecute legal actions. Counsel for plaintiff will want to show that defendant is a threat to the judicial system and deserving of the indignation and contempt of decent society.
    The defense will usually attempt to show that the attorney-defendant was properly engaged in the highest calling of the profession, i.e., to represent his client zealously. Defense counsel will argue that his client acted "reasonably" under the circumstances.
    http://www.blumberglaw.com/mal-pro.shtml
    http://www.lectlaw.com/def2/m 62.htm
    http://en.wikipedia.org/wiki/Malicious_prosecution
  • Thu, 24 Mar 2005 21:20:00 GMT(6)
  • This is the link to her situation.
    http://forum.freeadvice.com/showthread.php?t=233113
  • Leave a Comment Now.

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