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· 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 CourtListener

Sourced 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.