Discussion Question

 How would you propose balancing the objective of protecting the wrongfully accused against dissuading someone from pressing charges against someone who committed a crime against them?

Practice Question

Autumn cheats on her boyfriend with Isaac. She is very embarrassed when everyone, including her boyfriend, learns of her actions. To cover up her infidelity, she accuses Isaac of improperly taking advantage of her while she was intoxicated. She informs the police who proceed with pressing charges against Isaac. When pressed to take a lie detector test, Autumn comes clean and admits her false accusation. What are Isaacs options for suing Autumn? 

• Malicious prosecution occurs when one person has knowingly and with malicious intent initiated baseless litigation against another party. A successful malicious prosecution claim requires that;
  • The defendant begin or continue a criminal or civil legal proceeding
  • Without reasonable grounds to believe the allegations of the proceeding
  • And with a purpose other than simply getting a judgment in the proceeding.
  • The defendant has lost the original false case he or she brought against the plaintiff.
  • The plaintiff was damaged by the defendants false case.

In the practice question, Isaac can bring a cause of action against Autumn for malicious prosecution.