abuse of process
The malicious perversion of a regularly issued civil or criminal process, for a purpose, and to obtain a result not lawfully warranted or properly attainable thereby, and for which perversion an action will lie to recover the pecuniary loss sustained. 1 Am J2d Abuse P § 1. Malicious use of process is the employment of process for its ostensible purpose, but without reasonable or probable cause, whereas the malicious abuse of process is the employment of a process in a manner not contemplated by law, or to effect a purpose which such a process is not intended by law to effect. 1 Am J2d Abuse P § 2.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • abuse of process — abuse of process: the tort of bringing and following through with a civil or criminal action for a purpose known to be different from the purpose for which the action was designed compare malicious prosecution Merriam Webster’s Dictionary of Law …   Law dictionary

  • abuse of process — Process. The gist of an action for abuse of process is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415. A malicious abuse of legal process occurs where the… …   Black's law dictionary

  • abuse of process — Process. The gist of an action for abuse of process is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415. A malicious abuse of legal process occurs where the… …   Black's law dictionary

  • 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 for abuse of process in most… …   Wikipedia

  • abuse of process — noun A cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action …   Wiktionary

  • abuse of process — law : the malicious use of a regular judicial proceeding without probable cause …   Useful english dictionary

  • malicious abuse of process — A wilful and intentional abuse or misuse of process to attain an objective which is unlawful in itself or beyond the purposes for which the process may be legally employed. Anno: 14 ALR2d 322; 1 Am J2d Abuse P § 6 …   Ballentine's law dictionary

  • fraudulent use of process — A form of abuse of process; the use of legal process for a fraudulent purpose, as by attempting to enforce a judgment on a fictitious claim or the use of legal process as a mere cover for the creditors in obtaining property of the defendant in… …   Ballentine's law dictionary

  • Political abuse of psychiatry in the Soviet Union — Soviet Union …   Wikipedia

  • malicious abuse of legal process — n. Intentionally using the legal process for an improper purpose. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

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