Question

1. Which of the following statements about malicious prosecution is true?

a. All U.S. courts permit a suit for wrongful civil proceedings.

b. The criminal proceeding need not terminate in the plaintiff's favor in order for his suit to be sustained.

c. It is the tort of causing someone to be prosecuted for a criminal act, knowing that there was probable cause to believe that the plaintiff committed the crime.

d. A mere complaint to the authorities is sufficient to establish the tort.

2. A proximate cause _____.

a. is any act that fails to meet the standard of a person's "duty of due care" toward others

b. creates a "presumption" that the defendant was negligent because he was in exclusive control of the situation

c. is also known as legal cause

d. is an act of the defendant that violates a "statute regulation"

Answer 1

1.Which of the following statements about malicious prosecution is true?

Correct answer is c. It is the tort of causing someone to be prosecuted for a criminal act, knowing that there was probable cause to believe that the plaintiff committed the crime.

To prove malicious prosecution, a plaintiff needs to show that defendant acted with malice

2.

Correct answer is c. is also known as legal cause

A proximate cause is also known as legal cause