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Malicious prosecution is a common law intentional tort.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.
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.
A Maryland police officer was convicted on Friday of charges that he joined a mob's Jan. 6, 2021, attack on the U.S. Capitol and hurled a smoke bomb and other objects at police officers guarding a ...
A district judge who was wrongfully convicted of nine felonies has sued the prosecutors involved in the case, alleging they prosecuted her maliciously for a political agenda.
Under common law, a person may use deadly force to defend against a deadly attack unless non-deadly force would suffice. Some jurisdictions establish a duty to retreat before using deadly force. In such jurisdictions, a non-aggressor has the duty to retreat from a threatening situation if this can be done with complete safety.
Trump also repeatedly attacked the law clerk and was accused of lying under oath by the judge during last year's civil fraud trial, in which he's been ordered to pay a $454 million judgment. That ...