Malicious Prosecution

Definition: A civil case for damages brought after the dismissal of a criminal prosecution, civil suit, or other proceeding for having been filed maliciously and without probable cause.

It is a cause of action is it alleges:

1). That the defendant was himself the prosecutor or at least instigated the prosecution

2). That the prosecution finally terminated in the acquittal of the plaintiff

3). That in bringing the action the defendant acted without probable cause and

4). That the defendant was actuated by malice i.e. sinister or improper motives