A Comparative Analysis between the Torts of “Abuse of Process” and “Malicious Prosecution” in civil litigation
Misuse of the legal system and its processes by litigants is nothing new; for centuries, individuals have improperly used the threat and/or commencement of legal action, both criminal and civil, as a sword against an adversary or potential victim. In fact, the use of process for the purpose of oppression or injustice was once punishable as contempt, and at times rose to an action for injury to reputation.[1] Continue reading “Absence of Malice”
