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Alabama Tort Law
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
1-27 Alabama Tort Law 27.syn
Malicious Prosecution, Abuse of Process and False Imprisonment
Gregory S. Cusimano;; Michael L. Roberts
In addition, the chapter covers the tort of abuse of process, which is the wrongful use of process after it has been issued. The chapter examines the elements of the tort as described in Alabama cases, which are the existence of an ulterior purpose, the improper use of rightfully issued process, malice, and a lack of probable cause.
Finally, the chapter describes false imprisonment, which is the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty. It explains that false imprisonment and malicious prosecution claims are sometimes pleaded alternatively in the same case; if an arrest is made pursuant to a warrant issued by a lawfully authorized person, neither the arrest nor a subsequent imprisonment is "false," but the complaining party may have a remedy for malicious prosecution.
Alabama Tort Law (Matthew Bender) is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses, it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis, it also includes comprehensive appendices with practical material, including checklists and sample complaints for frequently encountered topics.
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RELATED CHAPTERS: (View)
For a discussion of the state of mind of willfulness, see Chapter 3, Wantonness and Willfulness.
For more information on medical malpractice actions against health care providers, see Chapter 17, Medical Malpractice.
For more information on damages, see Chapter 40, Compensatory Damages; Chapter 41, Compensatory Damages for Injured Property Interests; and Chapter 42, Punitive Damages.
For more information on burdens of proof, see Chapter 44, Evidentiary Issues in Torts.
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