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Dictionary of Law |
malicious prosecution :: legal definitionMalicious prosecution - n. filing a lawsuit with the intention of creating problems for the defendant such as costs, attorneys' fees, anguish, or distraction when there is no substantial basis for the suit. If the defendant in the lawsuit wins and has evidence that the suit was filed out of spite and without any legal or factual foundation, he/she may, in turn, sue for damages against the person who filed the original action. If malice is clearly proved against the party who brought the original suit, punitive damages may be awarded along with special and general damages. In recent cases, courts have ruled that an attorney who knowingly assists a client in filing a worthless lawsuit out of malice or spite may be liable for damages along with the client. The suit by the victim to recover damages for a malicious prosecution cannot be filed until the original lawsuit is decided in favor of the victim. See also: malice and Related Law Terms ↓ Related Law Termsactionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecutionactual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action. complaint :: n. the first document filed with the court (actual ... g prayer service of process summons cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint guardian ad litem :: n. a person appointed by the court only to take le ... awsuit is filed. See also: ad litem in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent process :: n. in law, the legal means by which a person is re ... service of process subpena summons proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust. retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel service of process :: n. the delivery of copies of legal documents such ... by publication substituted service setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll summons :: n. a document issued by the court at the time a la ... use service service of process writ transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - MM. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandimagistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out. maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required. mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder |