AZ Common Law Causes of Action WRONGFUL PROSECUTION OF A CIVIL ACTION OR MALICIOUS PROSECUTION (2011)
Jurisdiction | Arizona |
WRONGFUL PROSECUTION OF A
CIVIL ACTION OR MALICIOUS PROSECUTION
Elements
“There are five elements to a claim for wrongful prosecution of a civil action. Plaintiff must prove defendant
(1) instituted a civil action which was
(2) motivated by malice,
(3) begun without probable cause,
(4) terminated in plaintiff’s favor and
(5) damaged plaintiff.”
Bradshaw v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 411, 416-17, 758 P.2d 1313, 1318-19 (1988) (citing Carroll v. Kalar, 112 Ariz. 595, 596, 545 P.2d 411, 412 (1976)).
“[I]f the underlying matter is civil, the correct terminology is ‘wrongful institution of civil proceedings,’ rather than ‘malicious prosecution,’ a term technically based upon behavior in an underlying criminal action. Because most of the cases use these terms interchangeably and for the sake of consistency and convenience, we follow suit.” Giles v. Hill Lewis Marce, 195 Ariz. 358, 360, n.1, ¶ 5, 988 P.2d 143, 145, n.1 (App. Div. 2, 1999).
Proof
“To prevail on a malicious prosecution claim, a plaintiff must prove that the underlying criminal action was brought without probable cause. In the context of malicious prosecution, probable cause is defined as ‘a reasonable ground of suspicion, supported by circumstances sufficient to warrant an ordinarily prudent man in believing the accused is guilty of the offense. . . . The test generally applied is: upon the appearances presented to the defendant, would a reasonably prudent man have instituted or continued the proceeding?’” Gonzales v. City of Phoenix, 203 Ariz. 155, ¶ 13, 52 P.3d 184 (2002) (quoting...
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- AZ Common Law Causes of Action
- AZ Common Law Causes of Action FORWARD (2011)
- AZ Common Law Causes of Action TABLE OF CONTENTS (2011)
- AZ Common Law Causes of Action ABUSE OF PROCESS (2011)
- AZ Common Law Causes of Action AIDING AND ABETTING (2011)
- AZ Common Law Causes of Action APPROPRIATION/RIGHT OF PUBLICITY (2011)
- AZ Common Law Causes of Action ASSAULT AND BATTERY (2011)
- AZ Common Law Causes of Action ATTRACTIVE NUISANCE (2011)
- AZ Common Law Causes of Action BREACH OF CONTRACT (2011)
- AZ Common Law Causes of Action BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING – CONTRACT (2011)
- AZ Common Law Causes of Action BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING – TORT (2011)
- AZ Common Law Causes of Action BREACH OF FIDUCIARY DUTY (2011)
- AZ Common Law Causes of Action CIVIL CONSPIRACY (2011)
- AZ Common Law Causes of Action CONSTRUCTIVE FRAUD (2011)
- AZ Common Law Causes of Action CONVERSION (2011)
- AZ Common Law Causes of Action FALSE IMPRISONMENT (2011)
- AZ Common Law Causes of Action FALSE LIGHT (2011)
- AZ Common Law Causes of Action FRAUD (2011)
- AZ Common Law Causes of Action INJURIOUS FALSEHOOD/SLANDER OF TITLE (2011)
- AZ Common Law Causes of Action INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (2011)
- AZ Common Law Causes of Action INTERFERENCE WITH CONTRACT RELATIONSHIP OR BUSINESS EXPECTANCY (2011)
- AZ Common Law Causes of Action INTRUSION UPON SECLUSION (2011)
- AZ Common Law Causes of Action NEGLIGENCE (2011)
- AZ Common Law Causes of Action NEGLIGENT HIRING, RETENTION OR SUPERVISION (2011)
- AZ Common Law Causes of Action NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (2011)
- AZ Common Law Causes of Action NEGLIGENT MISREPRESENTATION (2011)
- AZ Common Law Causes of Action NUISANCE (2011)
- AZ Common Law Causes of Action PIERCING THE CORPORATE VEIL (2011)
- AZ Common Law Causes of Action PROFESSIONAL NEGLIGENCE (2011)
- AZ Common Law Causes of Action PUBLIC DISCLOSURE OF PRIVATE FACTS (2011)
- AZ Common Law Causes of Action REFORMATION (2011)
- AZ Common Law Causes of Action RESCISSION (2011)
- AZ Common Law Causes of Action RESPONDEAT SUPERIOR (2011)
- AZ Common Law Causes of Action STRICT PRODUCTS LIABILITY (2011)
- AZ Common Law Causes of Action STRICT PRODUCTS LIABILITY FOR ULTRAHAZARDOUS OR ABNORMALLY DANGEROUS ACTIVITIES (2011)
- AZ Common Law Causes of Action TRESPASS (2011)
- AZ Common Law Causes of Action UNJUST ENRICHMENT (2011)
- AZ Common Law Causes of Action WRONGFUL PROSECUTION OF A CIVIL ACTION OR MALICIOUS PROSECUTION (2011)
- AZ Common Law Causes of Action WRONGFUL OR CONSTRUCTIVE EVICTION (2011)
- AZ Common Law Causes of Action APPENDIX A (2011)
- AZ Common Law Causes of Action APPENDIX B (2011)
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