abuse of process

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. . 1996.

abuse of process
Using the courts and legal process for some improper purpose, such as initiating a lawsuit for revenge or intimidation.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

abuse of process
tort or delict of using procedures of courts and the like other than to litigate, an example being where a person raises actions to annoy another rather than to try to recover money.

Collins dictionary of law. . 2001.

abuse of process
Using a legal process in a civil or a criminal case, such as filing a lawsuit or taking a deposition, in order to inconvenience another party or otherwise use the process improperly. Some courts define the term to mean using litigation to pursue objectives other than those named in the suit. For example, filing a lawsuit over a certain debt, when the real reason for the suit is to force payment on another debt, would be abuse of process. Because of its chilling effect on the right of access to the courts, claims of abuse of process are difficult to win.
Category: If, When & Where to File a Lawsuit
Category: Mediation, Arbitration & Collaborative Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

abuse of process
Abuse of legal procedure. A frivolous or vexatious action. For example, issuing a claim which has already been decided by a competent court.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

abuse of process
The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law.

Dictionary from West's Encyclopedia of American Law. 2005.

abuse of process
The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

abuse of process
   the use of legal process by illegal, malicious, or perverted means. Examples include serving (officially giving) a complaint to someone when it has not actually been filed, just to intimidate an enemy; filing a false declaration of service (filing a paper untruthfully stating a lie that someone has officially given a notice to another person, filing a lawsuit which has no basis at law, but is intended to get information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. Some people think they are clever by abusing the process this way. A few unscrupulous lawyers do so intentionally and can be subject to discipline and punishment. Sometimes a lawyer will abuse the process accidentally; an honest one will promptly correct the error and apologize.

Law dictionary. . 2013.

Look at other dictionaries:

  • 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 — 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

  • process — pro·cess / prä ˌses, prō / n 1: a continuous operation, art, or method esp. in manufacture whoever invents or discovers any new and useful process...may obtain a patent therefor U.S. Code 2 a: procedure (1) see also …   Law dictionary

  • 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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