Abuse of Process
Legal Definition and Related Resources of Abuse Of Process
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Abuse Of Process
A perverted use of legal process; occurs where a party employs legal process for some unlawful object , not for the purpose intended by law. Issuing or launching legal process frivolously, without any cause of action , to gain a collateral advantage. To improperly use legal process or pervert same, after it has been issued.
Related Entries of Abuse Of Process in the Lawi Project
Browse or run a search for Abuse Of Process in the legal resources (including dictionaries and American law definitions), the Asian legal platform, the European law platform, the British legal resources or the Latin American and Spanish platform and publications (Lawi) about law in the world.
Abuse Of Process in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
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What does Abuse of process mean in American Law?
The definition of Abuse of process in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
A tort, the gist of which is the use of civil or criminal process to accomplish an ulterior end not properly attainable thereby, e.g., having someone arrested for a crime in order to force him to pay a debt. This tort is distinguishable from another, malicious prosecution, in that to make out an action for malicious prosecution one must prove that the process was initiated wrongfully (without probable cause, for instance or without any credible belief in its eventual success); but it will state a cause of action for "abuse of process" even if the process is justified, even, indeed, if the action is ultimately successful, if the process was initiated for an improper ulterior purpose.
Abuse of process in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of abuse of process.
Resources
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See Also
Law Enforcement Officer
Police Officer
Law Enforcement Agency
Further Reading
English Legal System: Abuse of Process
In the context of the English law, A Dictionary of Law provides the following legal concept of Abuse of Process: A tort where damage is caused by using a legal process for an ulterior collateral purpose. (See also malicious prosecution). Actions that are obviously frivolous, vexatious, or in bad faith can be stayed or dismissed by the court as an abuse of process.
Meaning of Abuse of Process
Resources
Professional Content and Learning Tools
Lawi offers educational solutions and professional insight, integrating content, tools, and practical technology to promote lifelong learning, personal and professional improvement, and human progress through knowledge. Our collections feature resources and solutions from a wide range of subject areas, from management and finance to law and cybersecurity. This text is only a brief introduction. If you would like us to expand on this content, please let us know in the comments. If you’re finding our platform and publications valuable, share it with a colleague or friend, leave a comment and consider subscribing if you haven’t already (thanks!). There are group discounts, gift options, and referral bonuses available.
See Also
Malicious Prosecution
Process