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Reply #43: I agree -- They should be held accountable for these things [View All]

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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jun-15-08 07:37 PM
Response to Reply #14
43. I agree -- They should be held accountable for these things
At least there is a on the books for civil cases to collect damages. It's called malicious prosecution:

The elements of a malicious prosecution case are (1) that the defendant filed and/or prosecuted the underlying civil action; (2) a favorable termination of the prior case, in which the innocence of the former defendant was established; (3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable; (4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research, and (5) damages.

Regardless of the subject matter of the underlying lawsuit, the theme will generally be that the lawyer-defendant has violated a sacred public trust which bestows the power to file and prosecute legal actions. Counsel for plaintiff will want to show that defendant is a threat to the judicial system and deserving of the indignation and contempt of decent society.

http://www.blumberglaw.com/article-malicious-prosecutio...
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