Multiple choice

Mark the correct statements.

I. To prevent false accusation against innocent persons, an action for malicious prosecution is permitted. II. One who files an action for malicious prosecution must prove that he is innocent. III. One who files an action for malicious prosecution must prove that the defendant acted maliciously in prosecuting him. IV. One who files an action for malicious prosecution must prove that the defendant had his own vested interests in prosecuting him. V. In a claim for malicious prosecution, the plaintiff can claim damages to his person, property or reputation.

  1. I, III and V

  2. I, III, IV and V

  3. I, II and V

  4. I, II, III and V

  5. I, II, III, IV and V
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A Correct answer
Explanation

Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. To prevent false accusation against innocent persons, an action for malicious prosecution is permitted and the person who files an act lies with the burden to prove the existence of malice with defendant. 

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