Abuse of Process - AmJur - Misused Purpose and Civil Liability
Summary
This video explains the legal concept of 'abusive process', defining it as the misuse of legal procedures (civil or criminal) for purposes beyond their intended design. It differentiates abusive process from malicious prosecution, highlighting that abuse focuses on the misuse of process *after* it has been issued. The discussion covers elements required for a claim, jurisdictional variations, and the importance of preserving the integrity of the legal system by ensuring laws serve the living and are not perverted for improper gain or control by legal professionals.
Key Insights
Abusive process is the misuse of a legal process to achieve a purpose not intended by the law.
Abusive process is defined as the willful misuse of criminal or civil process after it has been issued, in order to obtain a result not contemplated by law. It involves using a legal process against another primarily to accomplish a purpose for which it was not designed.
Using courts to achieve what the court cannot legally order is abusive process.
Abusive process occurs where someone attempts to achieve through the use of the court that which the court itself is powerless to order. This is distinct from a case where a lawsuit is filed legitimately, even if aiming to settle a dispute, as it doesn't ask the court to exceed its authority.
Abusive process requires a willful misuse of process for an improper result.
Under Pennsylvania law, the tort of abusive process involves the perversion of the legal process after it has begun, in order to achieve a result for which the process was not intended. It arises when legal process is employed as a tactical weapon to coerce a desired result outside the legitimate object of the process.
Abuse of process involves perverting the court's power to compel concessions on unrelated matters.
The essence of a cause of action for abuse of process is the misuse of the court's power, usually to compel the victim to yield on some matter not involved in the suit. This misuse can involve using legal process as a tactical weapon to coerce a desired result not the legitimate object of the process.
Malicious prosecution concerns wrongful initiation; abusive process concerns improper use after issuance.
Malicious prosecution involves maliciously or wrongfully causing process to issue, while abusive process concerns the improper use of process after it has been issued. Malicious prosecution focuses on the commencement without justification, whereas abuse focuses on subsequent proceedings.
Ulterior motive means seeking collateral advantage, not just ill will.
The ulterior motive or purpose required for abusive process may involve coercion to obtain a collateral advantage not involved in the proceeding (like a form of extortion). Mere ill will, spite, or retaliation is generally not sufficient if the process is used for its designed purpose.
Abusive process aims to correct perversion of the legal system.
The focus of abusive process is on correcting the legal system when people pervert it. The laws themselves may not be bad, but their misuse by individuals can lead to injustice. Articulating and identifying abusive process allows for claims and corrections.
Law and legal systems should serve the living, adapting to their needs.
The intent of law should be to serve the needs of living people, adapting to their needs, rather than rigid adherence to 'dead' entities or statutes. When the legal system is not aligned with the law's intent, it can be an abuse of process.
Sections
Introduction to Abusive Process
Abusive process is the misuse of a legal process to achieve a purpose not intended by the law.
Abusive process is defined as the willful misuse of criminal or civil process after it has been issued, in order to obtain a result not contemplated by law. It involves using a legal process against another primarily to accomplish a purpose for which it was not designed.
Federal laws like FDCPA prohibit abusive debt collection tactics.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using false, deceptive, or misleading representations. This includes threats of arrest or actions that cannot legally be taken or are not intended to be taken.
The Federal Tort Claims Act does not allow abusive process claims against the U.S. government.
The Federal Tort Claims Act explicitly does not permit recovery against the United States on a claim of abusive process.
Restatements of Torts offer interpretations to adapt laws to life's needs.
Restatements of Law, like the Restatement of Torts (Second Edition), are not laws themselves but provide interpretations to help adapt legal principles to contemporary societal needs.
Using courts to achieve what the court cannot legally order is abusive process.
Abusive process occurs where someone attempts to achieve through the use of the court that which the court itself is powerless to order. This is distinct from a case where a lawsuit is filed legitimately, even if aiming to settle a dispute, as it doesn't ask the court to exceed its authority.
Abusive process prevents litigation from being used as a weapon for improper goals.
An action for abusive process is intended to prevent parties from using litigation to pursue objectives beyond those claimed in the suit, such as using court process as a weapon to compel payment of a different debt or to force or prevent an action.
The tort of abusive process is disfavored due to potential chilling effects on accessing courts.
Because of its potential to discourage individuals from accessing the courts, the tort of abusive process is disfavored and must be narrowly or strictly construed to ensure fair opportunities to present claims.
Defining 'Tort' and Related Concepts
A tort is a civil wrong, distinct from breach of contract.
A tort is defined as a civil wrong other than a breach of contract, for which a remedy may be obtained, usually in the form of damages. It involves a breach of a duty that the law imposes on individuals in specific relationships with one another.
Business torts harm economic interests, not property or bodily harm.
A business tort impairs an economic interest or business relationship, causing economic loss rather than property damage or bodily harm. Examples include interference with contractual relations, intentional interference with prospective economic advantage, and unfair business practices.
Constitutional torts address violations of rights by government officers.
A constitutional tort is a violation of one's constitutional rights by a government officer, which is redressable by a civil action filed directly against the officer. These can be actionable under statutes like 42 USC 1983.
Elements and Scope of Abusive Process
Abusive process requires a willful misuse of process for an improper result.
Under Pennsylvania law, the tort of abusive process involves the perversion of the legal process after it has begun, in order to achieve a result for which the process was not intended. It arises when legal process is employed as a tactical weapon to coerce a desired result outside the legitimate object of the process.
Process abuse can involve criminal charges, civil actions, or writs of attachment.
Under Massachusetts law, three categories of process can be abused: writs of attachment, the process used to institute a civil action, and the process related to bringing criminal charges.
Abuse of process involves perverting the court's power to compel concessions on unrelated matters.
The essence of a cause of action for abuse of process is the misuse of the court's power, usually to compel the victim to yield on some matter not involved in the suit. This misuse can involve using legal process as a tactical weapon to coerce a desired result not the legitimate object of the process.
Legal process for abuse claims is broadly defined, including discovery and maneuvers.
The term 'process' in abusive process is interpreted broadly, encompassing discovery proceedings, depositions, subpoenas, and legal maneuvers to compel or prohibit action by an opponent. All these actions invoke the court's authority and can support an abusive process claim.
Instituting a civil action is generally not considered abusive process.
The institution of a civil action by summons and complaint is not legally considered process capable of being abused, as it does not necessarily invoke the court's power in a way that can be perverted. However, specific actions within the process can be.
Abusive process generally applies to judicial, not administrative, proceedings.
The tort of abusive process is designed to preserve the integrity of the court and requires the misuse of judicial process; it typically does not extend to the misuse of administrative proceedings, even those with quasi-judicial powers.
An act must be done under court authority and pervert judicial process to be abusive.
For abusive process, an act must be done under the authority of the court for the purpose of perpetrating an injustice, representing a perversion of the judicial process to accomplish an improper purpose. This applies even if the act isn't strictly a legal 'process'.
Filing a criminal complaint for false swearing before a board can be abusive process.
Filing a criminal complaint against a tenant for false swearing before a city rent leveling board constituted process; the subsequent criminal complaint triggered events summoning the tenant to court under threat of arrest, supporting a claim for malicious abusive process.
Distinctions from Malicious Prosecution
Malicious prosecution concerns wrongful initiation; abusive process concerns improper use after issuance.
Malicious prosecution involves maliciously or wrongfully causing process to issue, while abusive process concerns the improper use of process after it has been issued. Malicious prosecution focuses on the commencement without justification, whereas abuse focuses on subsequent proceedings.
Malicious prosecution requires malice and lack of probable cause; abusive process generally does not.
Essential elements for malicious prosecution include malice and want of probable cause in procuring process issuance, plus favorable termination of the case. These are generally not essential for an action for abusive process.
Some jurisdictions use different terms for civil versus criminal malicious use of process.
In some jurisdictions, 'malicious prosecution' refers to the criminal variant, while 'malicious use of process' refers to the civil process. These terms may be used interchangeably elsewhere, or 'malicious prosecution' may cover both.
Abusive process doesn't always require proof the action was baseless or terminated favorably.
Unlike malicious prosecution, an action for abusive process does not necessarily require proof that the original action was brought without probable cause or that it terminated in favor of the party alleging abuse. The abuse itself is the focus.
Same facts can support both abusive process and malicious prosecution claims.
Even though malicious prosecution and abusive process are distinct causes of action, the same set of facts can give rise to both claims. They should typically be set forth as separate counts in a legal action.
Malicious prosecution is a remedy for wrongful initiation of proceedings.
An action for malicious prosecution is typically the remedy available to a party aggrieved by the wrongful institution (commencement) of a civil, criminal, or administrative proceeding.
Distinctions from False Imprisonment
False imprisonment is unlawful restraint; abusive process of arrest requires ulterior motive.
False imprisonment is the unlawful restraint of physical liberty. In contrast, an action for abusive process of arrest requires proof that the process was misused in furtherance of an ulterior motive; the defendant's intention in detaining is immaterial for false imprisonment but crucial for abusive process of arrest.
Abusive process of arrest requires proof of ulterior motive beyond the arrest's purpose.
To establish abusive process of arrest, it must be shown that the process was misused to further an ulterior motive. The defendant's intention or purpose in detaining the person is immaterial to maintaining a false imprisonment action, but is key for abusive process.
Elements of Abusive Process Claims
Claims often require improper use, ulterior purpose, and resulting damages.
Generally, elements include: 1. Improper use of the court's process. 2. Primarily for an ulterior or improper purpose. 3. With resulting damage to the plaintiff from the misuse.
Some jurisdictions only require a willful act and an ulterior motive.
In other jurisdictions, two fundamental elements are recognized: a willful act in the use of process not proper in the regular conduct of proceedings, and an ulterior motive or purpose by the person causing the process to issue.
No liability if a lawsuit, even with bad motives, proceeds to authorized conclusion.
No liability for abuses of process is incurred if the defendant has done nothing more than pursue a lawsuit to its authorized legal conclusion, regardless of how evil their motive or intentions might be. The improper use element is key.
Ulterior motive means seeking collateral advantage, not just ill will.
The ulterior motive or purpose required for abusive process may involve coercion to obtain a collateral advantage not involved in the proceeding (like a form of extortion). Mere ill will, spite, or retaliation is generally not sufficient if the process is used for its designed purpose.
A wrongful foreclosure suit with intent to delay can be abusive process.
Filing a wrongful foreclosure lawsuit with the motive to delay or prevent the completion of a foreclosure constituted an abuse of the judicial process, as seen in Jackson v. Bank of America.
Using process for its intended purpose, even with bad motives, is not abusive.
If a party uses civil process for the purpose for which it was intended, even if their motive is considered improper (e.g., to coerce compliance with a non-compete), it may not constitute abuse of process if they did not commit a willful act outside the regular prosecution.
Damages may be required, but not always seizure of property.
While some jurisdictions require proof of injury or damages resulting from the irregularity of process, others may sustain a claim even if there was no seizure of property or the coercion attempt was unsuccessful. Mere vexation or harassment alone may not be sufficient.
Malice is not always a required element unless punitive damages are sought.
In some jurisdictions, malice is not a necessary element for an abusive process claim, except when punitive or exemplary damages are sought. However, other jurisdictions may require proof of malice to sustain the claim.
Lack of probable cause is generally not required for abusive process claims.
Generally, lack of probable cause need not be established to state a claim for abusive process. However, facts showing the claimant knew the claim was groundless can be relevant to demonstrating an ulterior purpose.
Favorable termination of prior proceedings is not always an element.
Favorable termination of prior proceedings is not an essential element of an abusive process claim. However, the claim is considered premature until the underlying litigation has been completed.
Purpose and Importance of Abusive Process
Abusive process aims to correct perversion of the legal system.
The focus of abusive process is on correcting the legal system when people pervert it. The laws themselves may not be bad, but their misuse by individuals can lead to injustice. Articulating and identifying abusive process allows for claims and corrections.
The courts are property of the people, administered by officials.
The courts are considered the property of the people, with judges and officials acting as administrators or trustees. Harm to the integrity of the justice system harms all citizens, justifying actions even if not personally affected.
Law and legal systems should serve the living, adapting to their needs.
The intent of law should be to serve the needs of living people, adapting to their needs, rather than rigid adherence to 'dead' entities or statutes. When the legal system is not aligned with the law's intent, it can be an abuse of process.
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