Illinois Complaint for Malicious Prosecution Involving Filing a False Police Report

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Multi-State
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US-02262BG
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Word; 
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Description

The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.

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FAQ

King, 201 Ill. 47, 50-51 (1903). The only elements necessary to plead a cause of action for abuse of process are: (1) the existence of an ulterior purpose or motive and (2) some act in the use of legal process not proper in the regular prosecution of the proceedings.

?An action for malicious prosecution has three required elements: '(1) the defendant brought (or continued to pursue) a claim in the underlying action without objective probable cause, (2) the claim was pursued by the defendant with subjective malice, and (3) the underlying action was ultimately resolved in the ...

Evidence to support a malicious prosecution claim can include photographs, witness statements, legal records related to the first claim and expert testimony.

To state a claim of malicious prosecution, a plaintiff must allege facts showing: (1) the defendant's commencement or continuation of an original criminal or civil proceeding; (2) the termination of the proceeding in the plaintiff's favor; (3) the absence of probable cause for the proceeding; (4) the defendant's malice ...

Malicious prosecution is the filing of a lawsuit for an improper purpose, and without grounds or probable cause. The improper lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a malicious prosecution action.

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Illinois Complaint for Malicious Prosecution Involving Filing a False Police Report