The Collaborative International Dictionary
Malicious \Ma*li"cious\, a. [Of. malicius, F. malicieux, fr. L. malitiosus. See Malice.]
-
Indulging or exercising malice; harboring ill will or enmity.
I grant him bloody, . . . Sudden, malicious, smacking of every sin That has a name.
--Shak. Proceeding from hatred or ill will; dictated by malice; as, a malicious report; malicious mischief.
-
(Law) With wicked or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse; as, a malicious act.
Malicious abandonment, the desertion of a wife or husband without just cause.
--Burrill.Malicious prosecution or Malicious arrest (Law), a wanton prosecution or arrest, by regular process in a civil or criminal proceeding, without probable cause.
--Bouvier.Syn: Ill-disposed; evil-minded; mischievous; envious; malevolent; invidious; spiteful; bitter; malignant; rancorous; malign. [1913 Webster] -- Ma*li"cious*ly, adv. -- Ma*li"cious*ness, n.
Wiktionary
n. A common law intentional tort which arises from a party (1) intentionally and maliciously institute or pursue (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the other party.
Wikipedia
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action ( civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action.
Declining to expand the tort of malicious prosecution, a unanimous California Supreme Court in the case of Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 873 (1989) observed: "While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded."
Usage examples of "malicious prosecution".
I wish to enter a charge against him of false arrest and malicious prosecution.
But this was strenuously opposed by Gaut's lawyer, who, affecting to believe that the whole affair was a malicious prosecution growing out of the suit last winter, and got up by certain men who had banded together to revenge their defeat on that occasion, and ruin his client, boldly demanded that the prisoner should be discharged, or his conspiring enemies be compelled to proceed at once with “.
When the inquest was over he would bring an action for malicious prosecution against the Chief Constable.
And as those years went by, Cazaux could add murder, conspiracy, malicious prosecution, and numerous additional counts of perjury and contempt of court.
A similar requirement was laid down with regard to the defence of probable cause in an action for malicious prosecution.