Issues-Claim for Damages Based Upon Malicious Prosecution-Burden of Proof refers to the legal concept that a plaintiff must prove certain elements of a malicious prosecution case before they can be awarded damages. This involves proving that the defendant maliciously initiated, continued, or procured criminal proceedings, and that the plaintiff was ultimately acquitted of the charges. Additionally, the plaintiff must prove that the defendant acted without probable cause, that there was a lack of reasonable grounds for the proceedings, and that the proceedings were initiated with malice. There are two types of Issues-Claim for Damages Based Upon Malicious Prosecution-Burden of Proof: 1. Actual Malice: The plaintiff must prove that the defendant acted with malice. This requires the plaintiff to show that the defendant acted with a willful disregard for the truth, or with an “evil purpose.” 2. Lack of Probable Cause: The plaintiff must prove that the defendant lacked probable cause to initiate the criminal proceedings. This requires the plaintiff to show that the defendant had no reasonable grounds to believe the plaintiff was guilty of the alleged crime.