FL TORTS
Terms
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- MNEMONIC - Elements to Malicious Prosecution - DICTA
- Damages Improper purpose Criminal Trial Termination in favor of the criminal defendant Absence of probable cause
- *FL Malicious Prosecution – Elements
- (1) Defendant commenced or continued an original criminal or civil judicial proceeding; (2) Defendant was the legal cause of the original proceeding against the Plaintiff; (3) The bona fide termination of the original proceeding in favor of the Plaintiff; (4) Absence of probable cause in the original proceeding; (5) Defendant acted with malice; and (6) Plaintiff suffered damages.
- MNEMONIC - Elements to an Attractive Nuisance - BABE C
- Burden of remedying problem low Awareness of danger on part on landowner Bodily injury or death might occur Exercise of due care (failure) Children, because of their youth would be unaware of their youth