A claim for malicious prosecution of a civil claim (lawsuit) is a lawsuit filed by a person or entity who was previously wrongfully sued in a civil lawsuit. The elements of a claim for malicious prosecution vary from state to state, but the plaintiff generally must prove: (1) the institution or continuation of civil proceedings (a lawsuit) against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) special damages.

A claim for malicious prosecution of a criminal prosecution or case is similarly a tort claim or cause of action that requires the plaintiff to prove: (1) the initiation or continuation of a criminal prosecution; (2) lack of probable cause for the criminal prosecution; (3) the criminal prosecution was motivated by malice; and (4) the criminal prosecution was terminated by dismissal of the case or charges or a finding of not guilty by the jury or judge.

In New Jersey, a claim for malicious prosecution regarding a civil lawsuit requires the plaintiff to establish certain elements to succeed. These elements include: (1) the initiation or continuation of a civil lawsuit against the plaintiff; (2) the action was instigated by the defendant; (3) the defendant acted with malice in starting the lawsuit; (4) there was a lack of probable cause for the lawsuit; (5) the lawsuit ended in favor of the plaintiff; and (6) the plaintiff suffered special damages as a result. Similarly, for a claim of malicious prosecution of a criminal case, the plaintiff must prove: (1) the initiation or continuation of criminal charges; (2) absence of probable cause for the prosecution; (3) malice as the motivation behind the prosecution; and (4) a favorable termination of the prosecution, such as a dismissal or acquittal. These claims are designed to provide a remedy for individuals who have been wrongfully subjected to legal action without proper justification.