abuse of process

abuse of process. The improper and tortious use of a legitimately issued court process to obtain a result that is either unlawful or beyond the process’s scope.

— Also termed abuse of legal process; malicious abuse of process; malicious abuse of legal process; wrongful process; wrongful process of law. Cf. MALICIOUS PROSECUTION. [Cases: Process 168–171. C.J.S. Process §§ 106–114.]

“One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed is subject to liability to the other for harm caused by the abuse of process.” Restatement (Second) of Torts § 682 (1977).

---

词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，擅长翻译涉及工业与制造业领域的法律文件。