Encyclopedia > Abuse of process

  Article Content

Abuse of process

Abuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution another type of tort that involves misuse of the public right of access to the courts.

The elements of a valid cause of action of abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. The person bringing the suit is only interested in accomplishing some improper purpose that is collateral to the object of the process and which offends justice such as unjustified arrests, criminal procecutions, subpoenas to testify, attachmentsto property, executions on property, garnishments and other provisional remedies can be considered to be capable of abuse.

See also frivolous lawsuit, vexatious litigation and barratry

This article is a stub. You can help Wikipedia by fixing it.



All Wikipedia text is available under the terms of the GNU Free Documentation License

 
  Search Encyclopedia

Search over one million articles, find something about almost anything!
 
 
  
  Featured Article
242

... 190s 200s 210s 220s 230s - 240s - 250s 260s 270s 280s 290s Years: 237 238 239 240 241 - 242 - 243 244 245 246 247 Events Patriarch Titus[?] succeeds ...

 
 
 
This page was created in 61.3 ms