ABUSE OF PROCESS

ABUSE OF PROCESS

abuse of process. The improper and tortious use of a legitimately issued court process to obtain a result that is either unlawful or beyond the process’s scope.

¡ª Also termed abuse of legal process; malicious abuse of process; malicious abuse of legal process; wrongful process; wrongful process of law. Cf. MALICIOUS PROSECUTION. [Cases: Process 168¨C171. C.J.S. Process ¡ì¡ì 106¨C114.]

¡°One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed is subject to liability to the other for harm caused by the abuse of process.¡± Restatement (Second) of Torts ¡ì 682 (1977).


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Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.