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An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
As the initial neighborhood lawsuit made its way through the courts, BK&M filed counterclaim alleging "abuse of process," arguing that the plaintiffs were using the legal system as a way to ...
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. [5] The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief ...
The term is not defined in statute law, but has been defined in legal cases. One case was Keaveney v.Geraghty, [3] where the plaintiff's libel proceedings were stayed on the grounds that they were, inter alia, frivolous, vexatious, and "an abuse of the process of the Court".
"The Tate brothers’ lawsuit is a grave abuse of process brought − not for any legitimate judicial purpose − but instead, to bully and harass Jane Doe and other victims into recanting their ...
Doe's attorneys said the counterclaim is the first U.S. lawsuit against the brothers. They are seeking an unspecified sum in damages and attorney fees, a court order barring the Tate brothers from ...
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.
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