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Journal articles on the topic 'Malicious prosecution'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Klein, Cathy A. "Malicious Prosecution." Nurse Practitioner 10, no. 6 (1985): 42. http://dx.doi.org/10.1097/00006205-198506000-00012.

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2

Jerrold, Laurance. "Malicious prosecution suit upheld." American Journal of Orthodontics and Dentofacial Orthopedics 122, no. 6 (2002): 673–75. http://dx.doi.org/10.1067/mod.2002.130247.

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3

Zirkel, Perry A., and Ivan B. Gluckman. "False Arrest and Malicious Prosecution." NASSP Bulletin 74, no. 522 (1990): 85–88. http://dx.doi.org/10.1177/019263659007452218.

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4

Wang, Jiayi, Qi Liang, and Xikun Xie. "Exploring the System of Punitive Damages for Trademark Malicious Prosecution." BCP Social Sciences & Humanities 17 (May 5, 2022): 168–76. http://dx.doi.org/10.54691/bcpssh.v17i.640.

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The phenomenon of trademark malicious prosecution is common, endangering individual private rights and public interests, and the existing legal system is difficult to effectively regulate and remedy the rights of the defendant. In response to this dilemma, it is necessary to establish a punitive damages system to regulate the nature of trademark malicious prosecution based on the "abuse of rights". It is necessary to clarify the criteria of "malicious prosecution" and "seriousness of the circumstances", as well as to formulate the scope of compensation in line with the "optimal deterrence" and

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5

Okpaluba, Chuks. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 240. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2310.

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The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether

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6

Wright, LaTonia Denise. "A Hospital's Malicious Criminal Prosecution of a Registered Nurse." JONA's Healthcare Law, Ethics, and Regulation 8, no. 4 (2006): 106–9. http://dx.doi.org/10.1097/00128488-200610000-00003.

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7

Zhou, Mei Rong, Zheng Tao Jiang, and Chen Yang. "Research on an Anonymous Authentication Scheme Based on ECC for Electronic Report Systems." Applied Mechanics and Materials 574 (July 2014): 737–42. http://dx.doi.org/10.4028/www.scientific.net/amm.574.737.

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This paper proposes a secure prosecution program after analysis and study on the defects of current network report systems in their report modes and protection on prosecutors’ privacy. The program can not only achieve better anonymity for prosecutors but also can track malicious prosecutors. This paper improved the efficiency of existing algorithms for privacy, and realized various functions for the prosecution system to ensure anonymity, non-repudiation, traceability and other safety indicators.

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8

Titov, Pavel. "Rehabilitation in criminal cases of private prosecution: problems of theory and practice." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 4 (2022): 149–57. http://dx.doi.org/10.35750/2071-8284-2022-4-149-157.

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Urgency of research. According to Articles 2, 17, 46 of the Constitution of the Russian Federation, the human being, his rights and freedoms are recognized as the supreme value, and observation and protection of these rights and freedoms is a duty of the State; every citizen is guaranteed judicial protection of his rights. Criminal proceedings, which from a social point of view serve as a tool to protect the rights of victims of crimes, are based on a public-law basis. The initiation of criminal proceedings, preliminary investigation and trial are the responsibility of the competent publ

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9

Ghandhi, P. R. "Exemplary damages in the English law of tort." Legal Studies 10, no. 2 (1990): 182–200. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00599.x.

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At common law, the primary remedy for a successful plaintiff in an action in tort is an award of damages. The plaintiff must be put in the position in which he was before the tort was committed so far as money can do this. In many actions the principle of restitutio in integrum is a sufficient guide to the quantum of damages. But, in other cases, for example, actions for damages for personal injuries or defamation, a highly subjective element is involved. Neither personal injury nor loss of reputation is easily convertible by the use of any yardstick into an exact monetary figure.In some cases

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10

POLIAKOV, O. "The trends of detection and prevention of using the spyware and malware." INFORMATION AND LAW, no. 2(45) (May 30, 2023): 125–38. http://dx.doi.org/10.37750/2616-6798.2023.2(45).282332.

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The scope of activities of the Russian hackers and cybercriminals in the global dimension has been determined. The goals and tasks of the criminal encroachments of Russian hackers using spyware and malicious software have been revealed. The specifics of cyberattacks carried out by Russian hackers and cybercriminals are detailed. The technical aspect of detecting, blocking and countering the large-scale use of spyware and malicious software in networks in the context of cyber warfare is covered. The threats and risks of using artificial intelligence during cyber attacks are summarized. The exam

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11

Edelstein, Laurie. "An Accusation Easily to be Made? Rape and Malicious Prosecution in Eighteenth-Century England." American Journal of Legal History 42, no. 4 (1998): 351. http://dx.doi.org/10.2307/846040.

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12

Okpaluba, Chuks. "Establishing state liability for personal liberty violations arising from arrest, detention and malicious prosecution in Lesotho." African Human Rights Law Journal 17, no. 1 (2017): 134–62. http://dx.doi.org/10.17159/1996-2096/2017/v17n1a7.

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13

Sokol, David J. "The Current Status of Medical Malpractice Countersuits." American Journal of Law & Medicine 10, no. 4 (1985): 439–57. http://dx.doi.org/10.1017/s0098858800009370.

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AbstractThe dramatic growth of medical malpractice litigation in recent decades has contributed significantly to an overall increase in health care costs in this country. Although lawmakers, physicians, and other responsible citizens have proposed numerous solutions in an effort to curb die crisis, diese proposals have generally been ineffective.In this Article the Audior endorses countersuits as die most appropriate response to frivolous medical malpractice actions. The Author also suggests that contingent fee systems, coupled with the economic motivation of private insurers to settle claims

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14

Wunsch, Eric J. "Fourth Amendment and Fourteenth Amendment. Malicious Prosecution and Section 1983: Is There a Constitutional Violation Remediable under Section 1983?" Journal of Criminal Law and Criminology (1973-) 85, no. 4 (1995): 878. http://dx.doi.org/10.2307/1144087.

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15

Aleksic Radojkovic, Jelena, Ivana Davidov, Aleksandra Aleksić Agelidis, Jelena Vranešević, and Saša Ivanović. "THE MOST COMMON INTENTIONAL POISONING OF DOGS AND CATS ON THE TERRITORY OF THE REPUBLIC OF SERBIA." Archives of Veterinary Medicine 15, no. 1 (2022): 19–41. http://dx.doi.org/10.46784/eavm.v15i1.283.

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The paper presents the most common toxic substances used in malicious poisoning of dogs and cats in the territory of the Republic of Serbia, mechanisms of their action, symptoms that occur in poisoned animals, antidote therapy and in the case of death, pathomorphological changes. The understanding of the mechanisms of toxic action of the most common substances used and the clinical symptoms in poisoned dogs and cats contribute to a faster diagnosis and the prompt suitable therapy application. The participation of forensic veterinarians in official procedures prior to criminal proceedings is ne

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16

Murphy, John. "MALICE AS AN INGREDIENT OF TORT LIABILITY." Cambridge Law Journal 78, no. 02 (2019): 355–82. http://dx.doi.org/10.1017/s0008197319000412.

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AbstractThis article is concerned with the question of whether malice is an appropriate touchstone of liability in tort law. It begins by identifying four torts in which malice may properly be regarded as an ingredient of liability (distinguishing various other torts, such as private nuisance and defamation, in which malice plays a merely secondary and contingent role). Having identified these four torts – namely malicious prosecution, abuse of process, misfeasance in a public office and lawful means conspiracy – the article then seeks to identify a common juridical thread which links them tog

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17

Liu, Yang, Yang Zhang, Yongsheng Yang, and Yan Ma. "DOCS: A Data Ownership Confirmation Scheme for Distributed Data Trading." Systems 10, no. 6 (2022): 226. http://dx.doi.org/10.3390/systems10060226.

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Data assets trading can encourage owners to distribute data and achieve large-scale data aggregation to promote the development of the supply chain system. Blockchain is a promising platform for constructing a decentralized data marketplace. The data may face risks in the marketplace, such as illegal theft, malicious tampering, or illegal distribution in the transactions process. The data ownership confirmation in a blockchain-empowered marketplace has attracted much attention in recent years. However, challenges still remain, including maintaining data integrity, traceability of illegal data,

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18

Yudin, Andrey V., and Yuri S. Norvartyan. "Problems of criminal prosecution of persons guilty of malicious non-compliance with a court decision or other judicial act in civil and administrative cases." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 47 (2022): 102–16. http://dx.doi.org/10.17223/22253513/47/8.

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Malicious non-enforcement of a judicial act entails criminal liability under Article 315 of the Criminal Code only if the offence has been committed by a special subject (an official, head of a body or organisation) or if the person has been previously held administratively liable under Article 17.15(4) of the CAO. The authors draw attention to the fact that in cases where a person who has failed to fulfil a legal obligation is sentenced to execution by a court, then the further non-fulfilment of such obligation now constitutes not only a failure by the subject to fulfil a duty but also an inf

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19

Song, Seung-Eun. "The Problem and Improvement of the so-called Overdue Wage Crime under the Labor Standards Act." Legal Studies Institute of Chosun University 30, no. 1 (2023): 327–58. http://dx.doi.org/10.18189/isicu.2023.30.1.327.

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For workers, wages are a major source of income for households and an essential element in solving food, clothing, and shelter for future labor. Therefore, if wages are overdue, it directly threatens the livelihood of workers, so eradicating overdue wages is a very urgent task. Under the Labor Standards Act, if an employer delays wage payment, fails to pay full wages, or fails to pay wages within 14 days from the date of death or retirement of a worker, he or she shall be punished by imprisonment for up to three years or a fine of up to 30 million won. However, unlike the victim's explicit int

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20

Alter, William. "Reasonable Seizures on False Charges: Should Probable Cause to Detain a Person for any Crime Bar a Malicious Prosecution Claim Under the Fourth Amendment?" Indiana Law Review 56, no. 2 (2023): 391–416. http://dx.doi.org/10.18060/27226.

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21

Saredau, Daniel P., and Ujong Bassey Okpa. "Wrongful Interference of Police in Civil Transactions and the Remedies for Aggrieved Persons." ABUAD Law Journal 10, no. 1 (2022): 26–43. http://dx.doi.org/10.53982/alj.2022.1001.02-j.

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Though established under section 214 of the 1999 Constitution of the Federal Republic of Nigeria, the provisions on the functions, powers, administration, and structure of the Nigeria Police Force are as contained in the Nigeria Police Act, 2020. But, despite section 32(2) of the Police Act and section 8(2) of the Administration of Criminal Justice Act (2015) providing that a person shall not be arrested merely on a civil wrong or breach of contract, and the plethora of judicial authorities deprecating this practice, there continues to be a swash of cases in which the police meddle with civil

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22

Siregar, Denny, Muhammad Mustofa, and Lilik Mulyadi. "Reconstructing The Interpretation of Conspiracy in The Prosecution of Corruption Crimes to Achieve Legal Certainty." International Journal of Engineering Business and Social Science 2, no. 01 (2023): 757–68. http://dx.doi.org/10.58451/ijebss.v2i01.111.

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This study aims to examine and analyze the synchronization of the meaning of evil conspiracies in corruption crimes, as well as find a reconstruction of the meaning of evil conspiracies in the punishment of corruption crimes to realize legal certainty. The research method used is normative juridical with an analytical approach research approach, with a specification of analytical descriptions that describe generally accepted laws and regulations associated with legal theories and principles and implementation practices. Using the Grand Theory, Middle Range Theory, and Applied Theory in explori

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23

Hidayati, Ratna, Herry Liyus, Nys Arfa, and Aga Anum Prayudi. "Pemidanaan terhadap Pelaku yang Bersama-sama Melakukan Tindak Pidana Narkotika dengan Permufakatan Jahat." PAMPAS: Journal of Criminal Law 3, no. 2 (2023): 191–201. http://dx.doi.org/10.22437/pampas.v3i2.20036.

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This study aims to analyze the Prosecution of Perpetrators Who Jointly Commit Narcotics Crimes with Malicious Settlement based on The Analysis of Court Decision No. 156 / Pid.Sus / 2018 / PN. TLC. The results of this study show that criminal charges against the defendants in Court Decision No. 156 / Pid.Sus / 2018 / PN. KLT based on the role carried out by each defendant with the proven actions of the defendants in accordance with Article 18 of Law No. 35 of 2009 on Narcotics with the imposition of criminal penalties under Article 114 Paragraph (2) Jo. Article 132 Paragraph (1) of Law No. 35 o

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24

Riyadi, Bambang SLamet. "Criminal Behavior Politician During Reform in Indonesia." International Journal of Religion 5, no. 7 (2024): 582–98. http://dx.doi.org/10.61707/pgsf5g80.

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Criminal behavior politician during reform in Indonesia perspective white-collar crime is a crime committed by respectable men in corporation and government environments. This study aims to assess and analyze the behavior of white-collar criminals involving an individual of state officials, parliament or political parties politicians and the ruling government in Indonesia during the reform period. This study is qualitative research based on the literature, journals and reporting publications of Indonesian white-collar crime. The result of study concluded that white-collar crime in Indonesia ha

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25

Lee, Catherine. "Capturing the personal through the lens of the professional: The use of external data sources in autoethnography." Methodological Innovations 12, no. 1 (2019): 205979911982557. http://dx.doi.org/10.1177/2059799119825576.

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This article shows how external data sources can be utilised in autoethnographic research. Beginning with an account of a critical incident that examines the incompatibility of private and professional identities, I show how, through the collection of data sources, I capture the impact of homophobic and heteronormative discursive practices on health, wellbeing and identity. In the critical incident, I explore how I prospered as a teacher at a British village school for almost 10 years by censoring my sexuality and carefully managing the intersection between my private and professional identiti

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Hasbi, Fariz Rifqi, Anak Agung Dewi Utari, and Rino Dedi Aringga. "Criminal Liability For Perpetrators of Negligent Crimes Resulting in the Death of Others in Traffic Accidents." Sinergi International Journal of Law 1, no. 3 (2023): 214–26. http://dx.doi.org/10.61194/law.v1i3.96.

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Criminal responsibility leads to the prosecution of the perpetrator who has committed a criminal act and fulfills its elements as stipulated in the law. Viewed from the perspective of the occurrence of a prohibited act (obligation), an individual will be criminally accountable for such actions if they are against the law. To hold someone criminally accountable, one must consider the culpability of the perpetrator. However, it is not sufficient to consider only the culpability; one must also consider the reasons and circumstances that eliminate the penalty as outlined in Articles 44, 48, 49, 50

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27

Simons, Kenneth W. "Justifying and Categorizing Tort Doctrines: What is the Optimal Level of Generality?" Journal of Tort Law 14, no. 2 (2021): 551–73. http://dx.doi.org/10.1515/jtl-2022-0001.

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Abstract This essay explores the issue of generality and tort law from two directions. First, when common law judges offer justifications of tort doctrine, what is the appropriate level of generality or specificity of those justifying principles and policies? Second, when judges identify and refine tort doctrines, what is the appropriate level of generality or specificity of the doctrines themselves? With respect to the first issue, Stephen A. Smith has argued that judges ordinarily do, and should, invoke only “intermediate” justifications for their decisions (such as dignity, fairness, or rea

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28

Kodilinye, Gilbert. "Setting in Motion Malicious Prosecutions: The Commonwealth Experience." International and Comparative Law Quarterly 36, no. 1 (1987): 157–68. http://dx.doi.org/10.1093/iclqaj/36.1.157.

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29

Yury, Belonogov. "Implementation of the Supreme Soviet Presidium Decree of June 26, 1940 in July ‒ December 1941 (on the Materials of Perm Region)." TECHNOLOGOS, no. 3 (2020): 5–21. http://dx.doi.org/10.15593/perm.kipf/2020.3.01.

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It is considered the law enforcement practice of implementing the Decree of 26 June 1940 before the adoption of the Decree of 26 December 1941, which increased the criminal penalty for desertion from the labour front. On the basis of statistics on the number of convicted and excluded from the party for violations of labour discipline the author points out the refusal of the party-State authorities to continue the unsystematic punitive policy. This refusal was manifested in the purposeful division of violators of labour discipline into "malicious" and "accidental," in the rules on prevention of

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30

Watney, Murdoch. "Exploring South Africa’s Cybersecurity Legal Framework regulating Information Confidentiality, Integrity, and Availability." International Conference on Cyber Warfare and Security 19, no. 1 (2024): 430–37. http://dx.doi.org/10.34190/iccws.19.1.1999.

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The discussion critically evaluates the effectiveness of laws dealing with cyber threats within the context of the South African cybersecurity landscape. It deals with the legal response to non-state cyber operations to national security and law enforcement by means of the domestic law and not with state or state-sponsored cyber operations which falls within the remit of the international law. Globally the digital ecosystems of all countries face a common denominator, namely the threat of cyber operations and how to deal with it effectively. There are various cyber operations, but the discussi

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M.O., Borovyk. "COMPLEX COMBINATION OF PROFESSIONAL TRAINING DIRECTIONS AND THE PURPOSE OF FORMATION OF PHYSICAL ENDURANCE IN FUTURE POLICE OFFICERS." Collection of Research Papers Pedagogical sciences, no. 93 (February 23, 2021): 56–63. http://dx.doi.org/10.32999/ksu2413-1865/2020-93-8.

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This work covers issues related to the formation of physical endurance of future police officers through a comprehensive combination of directions of physical, tactical, fire and psychological training.The term physical training of a police officer is considered. Physical training of police officers is a specialized professional-applied system of physical education, which is aimed at maintaining health, preservation creative and labor activity, comprehensive development of physical and mental qualities, special-applied and vital skills and abilities needed to perform official tasks, its genera

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32

Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2017): 0. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2330.

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The first issue of 2013 contains fifteen contributions dealing with a potpourri of themes. The first contribution is an oratio presented by the retired Dean of the Faculty of Law of the NWU and former editor of PER, Francois Venter, during his exodus in October 2012. He gave his presentation in his mother tongue, Afrikaans, and asks the question if one may assume that being a professor entails belonging to a profession, in other words, an academic profession. The second oratio was a keynote speech delivered by Torsten Stein, the Director of the Institute of European Studies and holder of the c

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33

Bers, Victor. "Speakers Diffident and Speakers Brash in the Athenian Courts." Trends in Classics 14, no. 2 (2022): 374–84. http://dx.doi.org/10.1515/tc-2022-0016.

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Abstract In many of the surviving Athenian law court speeches, litigants and sunēgoroi claim that, as amateurs, they come to trial at a disadvantage. Occasionally, they acknowledge a reputation for wishing to advance themselves by a display of rhetorical abilities. Whatever stance the speaker takes, these maneuvers add to the complex texture of Attic oratory. We find a remarkable variety of approaches, e. g., Antiphon giving a Lesbian-speaking client an ornate acknowledgment in lightly Ionicized Attic of his rhetorical inadequacy; Lysias posing as a forensic novice when he represents himself;

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34

Zaytsev, Oleksiy Volodymyrovych, and Valeriia Ruslanivna Filipenko. "Issues related to qualification of the crime, provided for by Art. 166 of the Criminal Code of Ukraine, in decisions of the court of cassation." Herald of the Association of Criminal Law of Ukraine 1, no. 19 (2023): 70–92. http://dx.doi.org/10.21564/2311-9640.2023.19.281115.

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The paper is devoted to the issues related to qualification of a malicious failure to take care of a child or a person in respect of whom guardianship or custody is established (Art. 166 of the Criminal Code of Ukraine). Children have a right to a special care and assistance, a child needs to grow up in a family environment, in an atmosphere of happiness, love and understanding for his/her full and harmonious personality development. A duty of their care is imposed on their parents or persons in loco parentis, guardians (custodians). Commission of a crime of non-fulfillment of these duties is

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35

Majeed, Nasir, Muhammad Umar Farooq, Faiza Choudhry, and Muhammad Anas Shahzad Cheema. "Assessing Harmless Errors in Offenses against Human Body and Property: A Review of Court Decisions." Bulletin of Business and Economics (BBE) 13, no. 2 (2024): 102–8. http://dx.doi.org/10.61506/01.00303.

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The current study aims to identify different harmless errors in crimes involving harm to the human body and property. An error that is deemed "harmless" refers to errors made in a judicial decision that do not lead to the overturning of said decision. Many studies have been conducted abroad to identify harmless errors in the background of various subjects, such as constitutional law, criminal law, and civil law. Unfortunately, there is a lack of research on harmless errors in criminal cases in Pakistan. Through the use of qualitative content analysis, this study discovered that despite various

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36

何, 一婧. "A Study of Courtroom Discourse from the Perspective of Attitude in Appraisal Theory—Taking Public Prosecutor Language in Malicious Poisoning Case of Fudan University as an Example." Modern Linguistics 11, no. 07 (2023): 3091–100. http://dx.doi.org/10.12677/ml.2023.117421.

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Dr. Hidayat Khan and Mr. Mumtaz A. Awan. "Honour Killing in Historical Context and Islamic Law." Al Basirah 10, no. 01 (2021): 1–24. http://dx.doi.org/10.52015/albasirah.v10i01.62.

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The practice of honour killing is a multilayered phenomenon with regard to causes emanating through macro as well as micro level parameters; making it a complex form of disorder in a society, and hence considered one of major social and cultural crimes which human societies fall victim to. It cuts through far past and influences various historical stages devastating moral values in the name of honour. It is recorded as well established phenomenon since Babylon civilization existed and codes of Hammurabi laid down in 1780 BC reflected intense prosecutions for guilty persons who brought shame to

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Wood, James A. "The Burden of Citizenship: Artisans, Elections, and the Fuero Militar in Santiago de Chile, 1822-1851." Americas 58, no. 3 (2002): 443–69. http://dx.doi.org/10.1353/tam.2002.0030.

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On December 13, 1845 the recently founded Santiago newspaper El Artesano Opositor (The Opposition Artisan) published a letter submitted by “twenty artisan friends of Cerda.” The letter related the tragic case of José Agustin Cerda, a young tailor, soldier in the civic militia, and member of an electoral association called the Sociedad de Artesanos de Caupolicán (Caupolicán Artisans Society), who had been arrested on November 12 by the city's military prosecutor on the charge that he was involved in an anti-government “conspiracy.” Claiming innocence, Cerda, according to his companions, denied

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Sandalova, Victoria, and Ekaterina Azarova. "The Supervision Over Observance and Enforcement of the Banking Legislation in the Field of Mortgage Lending." Legal Concept, no. 2 (July 2022): 75–82. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.10.

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Introduction: the digitalization of information interchange between parties to a civil transaction contributes to the dynamic growth of transactions, including in the banking sector. At the same time, disappointing statistics for the period 2021 – early 2022 indicate a decline in the growth of criminal acts against the individual against the background of a constant increase in malicious acts and offenses in the field of obtaining and issuing borrowings and loans, mortgages with the participation of consumers. Realizing the importance of the human rights activities of the prosecutor’s office i

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40

Bonython, Wendy, and John Farrar. "Principle and Policy in Malicious Prosecution." Bond Law Review 34, no. 3 (2023). http://dx.doi.org/10.53300/001c.89729.

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Judicial consideration by the Judicial Committee of the Privy Council, and the United Kingdom Supreme Court, of the tort of malicious prosecution – historically confined to criminal prosecution and limited civil proceedings – demonstrates considerable confusion in Common Law systems over the roles of principle and policy in judicial reasoning. As judgements extending malicious prosecution to maliciously motivated civil claims demonstrate, the principles and policies underpinning malicious prosecution and abuse of process, and the relationship between these torts – regarded by judges and jurist

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-, CHANDI PRASAD KHAMARI, and SARTHAKA KUMAR RATH -. "The Law Of Malicious Prosecution In Torts: An Analytical Study." International Journal For Multidisciplinary Research 5, no. 6 (2023). http://dx.doi.org/10.36948/ijfmr.2023.v05i06.8404.

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A malicious prosecution is the malicious institution of unsuccessful criminal or liquidation proceedings against another without reasonable or probable cause. It is an abuse of process of the court by wrongfully setting the law in motion on a criminal charge. In this article, the researchers discuss the essential ingredients of malicious prosecution. This article not only covers criminal prosecutions but also the civil process. Further, the paper analyses several cases of the Supreme Court and High Courts.

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42

Daudpota, Faisal. "Tort of Malicious Prosecution in Pakistan." SSRN Electronic Journal, 2010. http://dx.doi.org/10.2139/ssrn.1530241.

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Chuks Okpaluba. "BETWEEN REASONABLE AND PROBABLE CAUSE AND MALICE IN THE LAW OF MALICIOUS PROSECUTION: A COMMONWEALTH UPDATE." Obiter 37, no. 2 (2016). http://dx.doi.org/10.17159/obiter.v37i2.11537.

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Although the requirements of absence of a reasonable and probable cause and malice are two distinct elements in an action for malicious prosecution, they sometimes appear inseparable. An absence of reasonable and probable cause might, in instances, be a clear indication of malice on the part of the prosecution. However, while the absence of reasonable and probable cause is often deduced from the conduct of the prosecutor, judged from the objective standpoint of a reasonable prosecutor possessed of the same information, malice is inferred from the state of mind of the prosecutor as to whether h

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Drobyshev, Paul. "--------- (((( ) (The Tort of Malicious Prosecution in Civil Proceedings (for Russian Readers))." SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.2990846.

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Dutta, Akarshana. "A Critical Analysis on Racial Discrimination and Malicious Prosecution in USA." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.4255233.

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"Damages for wrongful arrest, detention and malicious prosecution in Swaziland: Liability issues." Journal for Juridical Science 43, no. 1 (2018). http://dx.doi.org/10.18820/24150517/jjs43.v1.4.

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Mulheron, Rachael. "The tort of malicious prosecution of civil proceedings: a critique and a proposal." Legal Studies, February 21, 2022, 1–21. http://dx.doi.org/10.1017/lst.2021.60.

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Abstract Litigation is a tactical business. The recognition of the tort of malicious prosecution of civil proceedings in Willers v Joyce in 2016, by the barest of majorities, adds to the tactical intrigue, for it is now feasible that failed civil proceedings could be swiftly followed by a counter-suit for malicious prosecution against the original unsuccessful claimant. The tort requires proof of ‘malice’. As a concept, malice may have a 400-year history, but insofar as the new tort is concerned, it has proven to be opaque. In this paper, a critical evaluation of the tort since the Supreme Cou

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Nahmod, Sheldon H. "Amicus in Manuel V. City of Joliet, No. 14-9496: Section 1983 'Malicious Prosecution'." SSRN Electronic Journal, 2016. http://dx.doi.org/10.2139/ssrn.2827854.

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Fakunle, Ikeoluwapo. "The Position of the Law on Malicious Prosecution vis-a-vis False Rape Claims in Nigeria." SSRN Electronic Journal, 2022. http://dx.doi.org/10.2139/ssrn.4225729.

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Okpaluba, C. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (2013). http://dx.doi.org/10.4314/pelj.v16i1.8.

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