abuse of process

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 party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. 500 West 174 St. v. Vasquez, 67 Misc.2d 993, 325 N.Y.S.2d 256, 258.
Thus, where the purpose of a prosecution for issuance of a check without funds was to collect a debt, the prosecution is an abuse of criminal process. Regular and legitimate use of process, although with a bad intention, is not a malicious "abuse of process." Priest v. Union Agency, 174 Tenn. 304, 125 S.W.2d 142, 143.
Action for "abuse of process" is distinguished from action for "malicious prosecution," in that action for abuse of process rests upon improper use of regularly issued process, while "malicious prosecution" has reference to wrong in issuance of process. Lobel v. Trade Bank of New York, 132 Misc. 643, 229 N.Y.S. 778, 781.
Fundamental elements of this tort are an ulterior purpose, and a willful act in the use of process not proper in the regular conduct of the proceeding. Barquis v. Merchants Collection Ass'n of Oakland, Inc., Cal., 7 C.3d 94, 101 CaLRptr. 745, 752, 496 P.2d 817.
See also
- malicious abuse of legal process
- malicious use of process

Black's law dictionary. . 1990.

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

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  • 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… …   Ballentine's law dictionary

  • 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

  • abuse — 1 /ə byüz/ vt abused, abus·ing 1: to put to a use other than the one intended: as a: to put to a bad or unfair use abusing the powers of office b: to put to improper or excessive use abuse narcotics …   Law dictionary

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  • abuse — /abyiiws/ 1. noun Everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Misuse. Deception. To wrong in speech, reproach coarsely, disparage,… …   Black's law dictionary

  • Abuse — This article is about the mistreatment of people or systems. For other uses, see Abuse (disambiguation). Mistreat redirects here. For other uses, see Mistreat (disambiguation). Contents 1 Types and contexts of abuse 1.1 …   Wikipedia

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