Legal Definitions - malicious prosecution

Malicious prosecution is when someone files a lawsuit without a good reason and with bad intentions. This can be a civil or criminal lawsuit. To fix this, the person who was wrongly sued can file a claim called a tort claim for malicious prosecution. This is also called vexatious litigation.

Example 1: John is angry at his neighbor, Sarah, for not returning his lawnmower. He decides to file a lawsuit against her for stealing it, even though he has no evidence that she did. This is an example of malicious prosecution because John filed the lawsuit without a good reason and with bad intentions.

Example 2: Mary is a police officer who arrests a man named Tom for a crime he didn't commit. She knows he is innocent but wants to make an arrest to look good in front of her boss. She files a criminal lawsuit against Tom, even though she has no evidence that he committed the crime. This is an example of malicious prosecution because Mary filed the lawsuit without a good reason and with bad intentions.

These examples show how someone can file a lawsuit without a good reason and with bad intentions. This is not fair to the person who is being sued and can cause a lot of stress and financial burden. That's why there is a way to fix this by filing a tort claim for malicious prosecution.