Malicious prosecution
idea · 2 works · 7 mentions · 14 anchored passages
malicious prosecution · action for malicious prosecution · blackmail · false accusation · malicious institution of proceedings · want of reasonable and probable cause
in the texts
The Law of Torts
The tort of instituting or procuring the institution of criminal or civil proceedings maliciously and without reasonable cause.
nor does an action for malicious prosecution lie where the judicial officer has held on a true statement of the facts that there is reasonable cause:
the defendant must show “facts which would create a reasonable suspicion in the mind of a reasonable man,” per Lord Campbell C.
Stephen on Malicious Prosecution, ch.
Against Euthynus
The legal and social phenomenon of bringing false or exaggerated accusations for personal gain, invoked to argue that Nicias would not have engaged in it.
I think that you all know that malicious prosecution is most generally attempted by those who are clever speakers but possess nothing, whereas the defendants lack skill in speaking but are able to pay money.
You must remember that, if you ever countenance such a plea by defendants, you will be establishing a legal provision as to the way a fraud should be committed;
And again, even if nothing had stood in his way and he could have brought a false accusation against him and wished to do so, it can easily be seen that Nicias would not have proceeded against Euthynus.