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Topic: Abuse of process


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In the News (Mon 22 Jul 19)

  
  Abuse of process - Wikipedia, the free encyclopedia
Abuse of process is a common law intentional tort.
The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.
The person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution.
www.wikipedia.org /wiki/Abuse+of+process   (203 words)

  
 3.18 ABUSE OF PROCESS (pre-1984)
N.C. Thus it is said, is substance, that the distinction between malicious use and malicious abuse of process is that the malicious use is the employment of process for its ostensible purpose, although without reasonable or probable cause, whereas the malicious abuse is the employment of a process in a manner not contemplated by law.
"Abuse of process differs from malicious prosecution in that the gist of the tort is not commencing an action or causing process to issue without justification, but misusing, or misapplying process justified in itself for an end other than that which it was designed to accomplish.
Consequently, in an action for abuse of process it is unnecessary for the plaintiff to prove that the proceeding has terminated in his/her favor, or that the process was obtained without probable cause or in the course of a proceeding begun without probable cause.
www.judiciary.state.nj.us /civil/charges/318.htm   (752 words)

  
 Daniel HARMON v. CARCO CARRIAGE CORPORATION and Martha Arend...
Abuse of process is somewhat in the nature of extortion or coercion.
At the ensuing trial for abuse of process, the truck owner testified his purpose in procuring an arrest warrant was to obtain the return of the truck; he testified further that he did not know nor care whether the drivers were tried on the charges.
In the present case, the trial court granted summary judgment on appellant's claim for abuse of process stating that no wrongful action was taken by either appellee after the charges were filed.
courts.state.ar.us /opinions/old/94-1217A.html   (1909 words)

  
 The CPS : Abuse Of Process
Abuse of process has been defined as something so unfair and wrong with the prosecution that the court should not allow a prosecutor to proceed with what is, in all other respects, a regular proceeding: Hui-chi Ming v R (1992) 1 AC 34.
In this case it was held not to be an abuse of process where the defendant was re-charged two years after the commission of the alleged offences under the Theft Act 1968, after the defendant was discharged at committal because the prosecution was not ready for the committal proceedings.
It said an abuse of process argument is made out where a substantial delay had been caused by a deliberate act of the prosecution or by inefficiency and where the D had not caused or contributed to the delay.
www.cps.gov.uk /legal/section13/chapter_c.html   (8369 words)

  
 Adams v. Superior Court
The abuse of process claims are argued to be deficient because the reconsideration motions are privileged as publications in a judicial proceeding under Civil Code section 47.
Petitioners also argue that the abuse of process claims are deficient because petitioners did not initiate any action against Vu, she did not receive a favorable result in the criminal proceeding, and the motion for reconsideration was not an independent action upon which a claim of abuse of process can be based.
The tort of abuse of process has two elements: there must be wrongful use of process, not merely a request for or initiation of process--and second, the act complained of must involve the use of process.
www.casp.net /adams.html   (2792 words)

  
 Dismissal for Abuse of Process   (Site not responding. Last check: 2007-10-22)
Although abuse of process is not a specified basis for dismissal in EEOC's Regulations, this does not mean that the Commission is deprived of the authority to protect its administrative process from abuse by either party.
Commission conclusions that appellants abused or misused the EEO process have rested on the nature of the subject matter of the complaints, on the prior conduct and past history of an appellant, and on a too-tenuous relationship between the subjects of the complaints and the EEO process.
Although complaints evidencing abuse of process often involve a pattern of numerous or duplicative complaints or appeals, the Commission regularly cautions that the mere filing of numerous complaints is not enough by itself to show abuse of process.
www.nacua.org /documents/Digets_of_EEO_Law_Vol11_No3.htm   (1397 words)

  
 96-6400 -- Advantor Capital Corp. V. Yeary -- 02/18/1998
The elements of abuse of process under Oklahoma law are "(1) the improper use of the court's process (2) primarily for an ulterior or improper purpose (3) with resulting damage to the plaintiff asserting the misuse." Greenberg v.
As the district court instructed the jury, however, the complained of issuance of process was the Yearys' filing of a motion for TRO and serving the motion on Advantor, not the court's issuance of the TRO.
Illinois' definition of abuse of process is similar to that of Oklahoma and requires proof of two elements--ulterior purpose and an act in the use of legal process not proper in the regular prosecution of the proceedings.
www.kscourts.org /ca10/cases/1998/02/96-6400.htm   (4242 words)

  
 Abuse of process -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-22)
Abuse of process is a (A system of jurisprudence based on judicial precedents rather than statutory laws) common law intentional ((law) any wrongdoing for which an action for damages may be brought) tort.
It is to be distinguished from (Click link for more info and facts about malicious prosecution) malicious prosecution, another type of tort that involves misuse of the public right of access to the (An assembly (including one or more judges) to conduct judicial business) courts.
The elements of a valid (Click link for more info and facts about cause of action) cause of action for abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.
www.absoluteastronomy.com /encyclopedia/A/Ab/Abuse_of_process.htm   (279 words)

  
 Enforcement Guide (England & Wales) - What is Abuse of Process?
Abuse of process has been defined as "something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding"
The courts have often emphasised that the power to stay a case for an abuse of process is an exceptional power to be exercised sparingly.
The burden of proof is on the defence to show that the proceedings should be stayed as an abuse of process.
www.hse.gov.uk /enforce/enforcementguide/court/abuse/abuseprocess.htm   (219 words)

  
 OREN ROYAL OAKS VENTURE v. GREENBERG, BERNHARD, WEISS & KARMA, INC.
Oren emphasizes that unlike defamation and other torts that generally apply to conduct outside the judicial process, both malicious prosecution and abuse of process are torts that are peculiarly concerned with misconduct within the judicial process.
Even if defendants' statements during the negotiation process are admissible as evidence of their motives, the question remains whether the facts alleged in Oren's complaint and set out in its declarations are sufficient to support a cause of action for abuse of process.
In order to avoid a subsequent action for abuse of process, or some similar cause of action, the parties and particularly the lawyers hereafter may be unduly guarded, rather than free and open, in discussions designed to prevent or terminate litigation.
ceres.ca.gov /ceqa/cases/1986/oren_123186.html   (4142 words)

  
 UNITED STATES DISTRICT COURT
The parties agree that to state a claim for abuse of process, a claimant must allege "(1) an ulterior purpose and (2) an act in the use of process which is improper in the regular prosecution of the proceeding." Friedman v.
Therefore, it is immaterial that the process was properly issued, that it was obtained in the course of proceedings that were brought with probable cause and for a proper purpose, or even that the proceedings terminated in favor of the person instituting or initiating them.
An action for abuse of process cannot be based merely upon the malicious filing of a suit.
www.michbar.org /opinions/district/2001/022601/9581.html   (987 words)

  
 Food Lion, Inc., v. United Food & Commercial Workers Int'l Union   (Site not responding. Last check: 2007-10-22)
The abuse of process tort provides a remedy for one damaged by another's perversion of a legal procedure for a purpose not intended by the procedure.
In the latter, the issuance of the process may be justified in itself[;] it is the malicious misuse or perversion of the process for an end not lawfully warranted by it that constitutes the tort known as abuse of process.
To the extent the Union argues abuse of process does not apply to the perversion of an entire lawsuit because any "abuse" could be cured by other remedies available to the court (i.e., sanctions), it misconstrues the purpose of the tort.
www.law.sc.edu /ctapp/3533.htm   (4322 words)

  
 Initiative process rife with abuse
Now the initiative process has become corrupted -- by for-profit initiative sponsors, by special interest financing and by paid signature gatherers who earn up to $3 for each signature and address sold.
Investigation of these and other abuses resulted in arrests and admissions from the gatherers that they had also worked in Washington and California.
Since discovery of widespread abuse, Oregon petitioners now must sign their petitions, so problems can be traced back to a particular gatherer.
seattlepi.nwsource.com /opinion/174069_dugovich20.html   (639 words)

  
 My Deep Process - Killing, Abuse, Power   (Site not responding. Last check: 2007-10-22)
There is no telling how far this healing process reaches throughout the world, and it may be that we can heal the past as well.
I had a process last January in which I had a knowingness that my family (those who lived in Australia in the Cordeaux region in the mountains west of Woolongon, 120 to 150 years ago) had taken part in the massacres of the aboriginals who had been driven back into the gorges and valleys there.
During this, I was aware in my process that we were all acting out of alcoholic rage, that the alcoholism that runs in my family today was just as rampant back then.
www.recoveryresources.org /deepprocess.html   (1089 words)

  
 Journal of Studies on Alcohol : Evaluating substance abuse treatment process models: I. changes on proximal outcome ...   (Site not responding. Last check: 2007-10-22)
Start / J / Journal of Studies on Alcohol / July 01, 1998 / Evaluating substance abuse treatment process models: I. changes on proximal outcome variables during 12-step and cognitive-behavioral treatment.
Substance abuse treatment is assumed to set in motion a therapeutic process chain that, although varying in the nature of the linkages for different modalities, connects a patient's entering treatment to a positive outcome (e.g., abstinence or reduced substance use) at a later point.
As reflected in the current emphasis on patient-treatment matching (Mattson et al., 1994), the process underlying a given treatment modality is not assumed to be effective for every patient.
static.highbeam.com /j/journalofstudiesonalcohol/july011998/evaluatingsubstanceabusetreatmentprocessmodelsicha   (312 words)

  
 Cycle of Violence   (Site not responding. Last check: 2007-10-22)
The woman attempts to control the abuse through various coping techniques such as avoidance, placating, or "giving in." These are "stop-gap" measures, however, and do not work for long, if at all.
This is an uncontrollable discharge of built-up tension; the process has stopped responding to any control.
The tension has been dissipated by the abuse and both members of the couple are relieved.
www.actabuse.com /cycleviolence.html   (510 words)

  
 SurfWax: News, Reviews and Articles On Abuse Of Process
Courts - Abuse of process - Whether rules about abuse of process provide sufficient satisfaction of the finality principle - Nature of client's complaint - Whether distinction exists between civil and criminal proceedings - Whether distinction to be drawn between challenging the final outcome of litigation and challenging an intermediate outcome...
Sgro's libel claim is an abuse of process by a minister and has caused them mental distress, anxiety, nervousness, depression, irritability, insomnia, loss of reputation, humiliation, and loss of enjoyment of life.
Elder said it was an abuse of process to manipulate the process of the court.
www.lawkt.com /files/Abuse_Of_Process.html   (4959 words)

  
 Abuse of Medical Assessments to Dismiss Whistleblowers
Stories from whistleblowers suggests that a repeated and highly consistent aspect of the whistleblowing experience is the abuse by the employer of medical and psychiatric appointments as a mechanism for intimidating whistleblowers and avoiding the need to address the real issues.
Referral for psychiatric assessment comes after the whistleblower has persisted in raising a workplace issue of fraud, corruption or mismanagement which is internally investigated but not properly addressed.
A journalist might be reluctant to pursue a story if he or she must explain and overcome the label of psychiatric disorder before convincing the public of the real issue.
www.uow.edu.au /arts/sts/bmartin/dissent/documents/psychiatry.html   (1117 words)

  
 FHCYoungGlobe990830
The case of Harry Stewart, a lay minister who was convicted of violating a restraining order granted to his former wife and went to jail earlier this month rather than enter a counseling program that required him to admit being a batterer, has galvanized fathers' rights advocates in Massachusetts.
It has also drawn long-overdue attention to an issue these activists have been raising for a long time: abuses of civil rights and of the legal system stemming from a well-intentioned campaign to protect women from domestic abuse.
But to recognize that women may sometimes abuse the power they have is simply to recognize that women are human.
www.fatherhoodcoalition.org /cpf/inthenews/CYoungGlobe990830.html   (784 words)

  
 The CPS : Abuse Of Process   (Site not responding. Last check: 2007-10-22)
The power of the courts at common law and under Section 76 PACE 1984 to regulate the admissibility of evidence may redress the abuse alleged and obviate the need for a stay of proceedings.
It was held that it was not an abuse for the prosecutor to offer no evidence at committal proceedings on either way offences and then put new summary only charges.
Watkins LJ said:"it should also be borne in mind that a stay on the basis of abuse of process must never be seen to be used simply as a form of disciplinary disapproval of The CPS.
www.cps.gov.uk /legal/section3/chapter_e.html   (8284 words)

  
 California court slams Allstate for "abuse of process"
One of the newest insurance company strategies for rejecting legitimate chiropractic care rendered to victims of personal injury or workers' compensation injuries is to refuse to pay for the care if it was rendered in a group clinic in conjunction with a medical doctor.
Dr. Huljev was not about to let Allstate, or any other large insurance company, abuse him and his good reputation without a fight.
The judge said on the record that he considered it "abuse" for the motion to have been brought before the court.
www.chiroweb.com /archives/18/02/01.html   (720 words)

  
 Trident Ploughshares - Faslane Blockader Accuses Court of Abuse of Process
Angie (46), from Cromer in Norfolk, was held in custody overnight on the grounds that she was a "persistent offender".
Respectable citizens were being accused of disorderly conduct and of breaching the peace while the British state was continually engaged in bombing and institutionalised terrorism.
She made a formal submission of abuse of process, and the case will not proceed further until the submission is debated on 11th March.
www.tridentploughshares.org /article286   (319 words)

  
 News | Events : President's Page : Abuse of process (May 2002)   (Site not responding. Last check: 2007-10-22)
What was important, however, was to speak out strongly about the abuse of process which had occurred.
However, he could and should have immediately criticised Senator Heffernan for the abuse of process and immediately defended the institution of the High Court.
The risk is that some in the community may perceive that a person in Mr Williams' position may find it difficult not to confuse his obligations as the first law officer of the land with his political obligations to the government of the day.
www.liv.asn.au /news/president/20020501.html   (993 words)

  
 Q & A 5-emotional abuse, romantic relationships, process work
On the level of our perspective of the process it is very important to stop buying into the false beliefs that as adults we are victims and someone else is to blame - or that we are to blame because there is something wrong with us.
Emotional abuse is underneath all other types of abuse - the most damaging aspect of physical, sexual, mental, etc. abuse is the trauma to our hearts and souls from being betrayed by the people that we love and trust.
The other types of abuse can add more levels to the healing necessary but the bottom line is the emotional abuse and it’s effect on our ability to Love and trust ourselves.
www.silcom.com /~joy2meu/joy_46.htm   (4975 words)

  
 Felony Spousal Abuse - Court Process   (Site not responding. Last check: 2007-10-22)
I have an ex-husband who was arrested on 2/12/00 for Felony Spousal Abuse (Felony Inflicting Corporal Injury on Domestic Partner)in CA.
He was held until 2/24/00, released to his father, ordered to stay away from his wife, and ordered to enroll in a "batterer's program".
This is his second jail time for DV, the first time with me over 10 years ago, in jail overnight, no charges pursued.
www.holysmoke.org /va002/169.htm   (160 words)

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