DE · jury_instructions
Del. P.J.I. Civ. § 12.1
Malicious Prosecution – Elements
MALICIOUS PROSECUTION
A person who causes a civil or criminal proceeding to be initiated or continued
against another, resulting in [his/her] arrest, seizure of [his/her] property, or other
special injury, is responsible for the injury if the proceeding was initiated or
continued with malice and without probable cause and was terminated in favor of
the plaintiff.
For the plaintiff to prevail, five elements must be shown:
(1) [defendant’s name] instituted civil or criminal proceedings against
[plaintiff’s name];
(2) no probable cause existed to support the charge or claim;
(3) the proceedings were instituted and pursued with malice;
(4) the proceedings were terminated in [plaintiff’s name]’s favor; and
(5) [plaintiff’s name] suffered damages as a result.
.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
9981d19691c2eddd529007308c740f80fd57ffff822ad6e98c9869d4d91f9682
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