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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - process, abuse of
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Definition of process, abuse of
Definition: The misuse of a court process to achieve an unlawful or unauthorized result. This is also known as abuse of legal process, wrongful process, or malicious abuse of process. It is different from malicious prosecution.
Examples:
- Filing a lawsuit against someone with no intention of actually pursuing the case, but rather to harass or intimidate them.
- Using a court order to seize property that is not related to the case at hand.
- Threatening to file a lawsuit in order to force someone to do something they are not legally obligated to do.
These examples illustrate how someone can use a court process for a purpose other than what it was intended for, causing harm to the other party. This is considered an abuse of process and can result in legal liability.
Injustice anywhere is a threat to justice everywhere.
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Simple Definition
Process, Abuse of: When someone uses a court process in a wrong and harmful way to get an outcome that is not allowed by the process. This is also called abuse of legal process, wrongful process, or malicious abuse of process. If someone does this, they can be held responsible for any harm caused to the other person.
Every accomplishment starts with the decision to try.
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