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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.
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.
In the United States, establishing "actual innocence" after a conviction may be considerably more difficult than winning an acquittal at trial, however. At trial, the defendant enjoys a due process right to the presumption of innocence, and the State is obligated to prove the guilt of the accused beyond a reasonable doubt. See, e.g., Cochran v.
A false allegation of child sexual abuse is an accusation that a person committed one or more acts of child sexual abuse when in reality there was no perpetration of abuse by the accused person as alleged. Such accusations can be brought by the victim, or by another person on the alleged victim's behalf.
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Forged evidence - an item or information manufactured, or altered, to support some agenda, is not admissible in many courts, including U.S. criminal courts.; Planted evidence - an item or information which has been moved, or planted at a scene, to seem related to the accused party, is not admissible in many courts, including U.S. criminal courts.
In the 1967 case of Time, Inc. v. Hill, [21] the Supreme Court of the United States invalidated a false light privacy judgment for the Hill family in the absence of proof of actual malice. James Hill and his family were held up for a day in 1952 by three escaped convicts in their home near Philadelphia.
At least 20 L.A. County probation officers have been indicted as part of a criminal investigation launched by the California Department of Justice, sources told The Times.