· 12/19/1990
Wilson v. Hayes
Citations
- 464 N.W.2d 250
- 1990 Iowa Sup. LEXIS 339
- 1990 WL 207363
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the plaintiff must prove three elements to recover on an abuse-of-process claim
- stating the elements of the tort of malicious prosecution as: “(1) a previous prosecution, (2) instigation of that prosecution by the defendant, (3) termination of that prosecution by acquittal or discharge of the plaintiff, (4) want of probable cause, (5
- proof of whether waiver of Miranda rights was knowing and intelligent is by a preponderance of the evidence
- “[w]hile we have addressed the question of probable cause to file suit from a litigant’s standpoint, we have not developed a standard for reviewing an attorney’s decision to file suit”
- “To prevail on a claim for malicious prosecution, the plaintiff must establish each of the following six elements: (1) a previous prosecution, (2) instigation of that prosecution by the defendant, (3) termination of that prosecution by acquittal or discharge of the plaintiff, (4
- elements of a malicious prosecution claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Layorato, Neuman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.