DE · jury_instructions
Del. P.J.I. Civ. § 12.6
Malicious Prosecution – Abuse of Process
ABUSE OF PROCESS
One who willfully uses the legal system, whether through a criminal or civil
action in the courts or in a regulatory agency, against another primarily to
accomplish a purpose for which the legal system is not designed is responsible to the
person against whom the legal process was used for any harm caused by such use. I
have determined as a matter of law that [defendant’s name] caused legal process to
issue against [plaintiff’s name] in the nature of [state process]. The [state process]
is designed to [state purpose].
The elements that [plaintiff’s name] must prove are:
(1) an improper or wrongful purpose in using the legal process; and
(2) a willful act in the use of the system not proper in the regular conduct
of legal proceedings.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
773c5c427a02c806003ba0207168251939c64d3c3a1499c66a092d596c309f0f
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