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Criminal procedure

abuse of process

Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.

In Mississippi, abuse of process is recognized as a civil tort, which occurs when someone uses the legal process against another individual primarily for an ulterior motive, rather than to resolve a legitimate legal dispute. This can include using the courts to harass, intimidate, or coerce someone for reasons unrelated to the legal action itself. To establish a claim for abuse of process in Mississippi, the plaintiff must prove that the defendant had an ulterior motive or purpose and that a willful act was performed in the use of the process that was not proper in the regular conduct of the proceeding. This tort aims to protect individuals from the misuse of legal procedures and to uphold the integrity of the judicial system. If someone is found liable for abuse of process, they may be required to pay damages to the victim, which could include compensatory damages for injury suffered and possibly punitive damages if the conduct was particularly egregious.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Criminal procedure

abuse of process

Articles