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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.
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
The modern definition of recklessness has developed from R v Cunningham [1957] 2 QB 396 in which the definition of 'maliciously' for the purposes of the Offences against the Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. As a ...
(For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages , or for punitive damages . The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system.
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 person may have a legal duty to continue after beginning to act. This situation typically arises in for example, a possible drowning. One bystander among many starts swimming out to rescue him, but turns around halfway and returns to shore alone. The rationale for holding the bystander culpable is that other bystanders relied on that action.
A 20-year-old from Erie, Pennsylvania, who killed a 7-year-old boy in a gang-related shooting nearly got his wish that a judge sentence him to life without parole.. The defendant, Abdullah O ...
A New York-area doctor was convicted Wednesday in the yearslong sexual abuse of multiple patients, including four children. Darius A. Paduch of North Bergen, New Jersey, was convicted by a jury in ...