7:6 Malicious Prosecution

• Jurisdiction: Arizona

§ 7:6 Malicious Prosecution

Malicious prosecution requires: (1) the institution of a proceeding; (2) actuated by malice; (3) without probable cause by the one instituting the proceeding; (4) which terminated in the plaintiff’s favor, and (5) caused the plaintiff damages.^[331]

Because the initiation of the underlying proceeding is usually not in dispute and the damages inquiry tends to track damage inquiries in other civil causes of action, the focus in malicious prosecution cases against attorneys tends...