Abuse Of Process In Criminal Proceedings Law Essay (Essay Sample)
explain what is abuse of proces and how to prevent itsource..
ABUSE OF PROCESS IN CRIMINAL PROCEEDINGS IN COMMON LAW LEGAL SYSTEM
Institution of Affiliation:
Abuse of process is a primary form of misuse of power in the legal proceedings. The abuse of process imposes liability on those who initiate legal proceedings, whether criminal or civil for a major aim except the one for which the proceedings were intended (Choo, 2008). In this process, the absence of the potential cause ought to be evident right from the word go. Abuse of power process includes inappropriate use of lawful proceedings that may have been appropriately started (Corker, Summers & Young, 2003). Regarding this, the abuse of power process does not need the accuser to provide evidence malice or to show that the respondent lost in the previous legal proceeding (Choo, 2008). The process is not confined to the previous lawsuit, and it can be grounded on the illegal use of summons and court orders to attach or grab real property or other kinds of official legal process.
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