Bar Exam — MBE (Multistate Bar Exam)TortsHard
A disgruntled former employee, intending to cause distress, falsely reported to the police that his former boss was operating a large-scale drug manufacturing operation from his home. The police, acting on this credible-sounding but false tip, raided the boss's home, causing significant property damage and public humiliation before realizing the tip was baseless. Which tort has the former employee most likely committed against his former boss?
- AIntentional Infliction of Emotional Distress (IIED)
- BDefamation
- CAbuse of Process
- DMalicious Prosecution
Show answer & explanationAnswer & explanation
Correct answer: D. Malicious Prosecution
Malicious prosecution occurs when a defendant initiates a criminal proceeding without probable cause and with malice, and the proceeding terminates in the plaintiff's favor. Here, the false report led to a police raid, which can be considered the initiation of a criminal process, without probable cause and with malicious intent, and it terminated when the tip was found baseless.
Why the other options are wrong
- A. IIED might also be present, but malicious prosecution specifically addresses the harm from wrongful legal proceedings.
- B. While the false report is defamatory, malicious prosecution is a more specific and appropriate tort given the initiation of official criminal proceedings.
- C. Abuse of process involves using an existing legal process for an ulterior motive, not initiating a false one from scratch.
Malicious Prosecution
A tort for wrongfully initiating criminal proceedings without probable cause and with malice, which terminate in the plaintiff's favor.
- Defendant initiated criminal proceedings.
- Without probable cause.
- With malice (improper purpose).
- Proceedings terminated in plaintiff's favor.
- Plaintiff suffered damages.
Memory trick: Malice Makes Prosecution a Problem.