ABUSE OF PROCESS model jury charge 3.30D NJ

ABUSE OF PROCESS model jury charge 3.30D

ABUSE OF PROCESS model jury charge 3.30D

The plaintiffs in this action allege that the defendant is liable for abuse of process. The defendant denies the allegation.

There are two basic elements necessary to sustain the cause of action of abuse of process. They are (1) that the defendant made an improper, illegal and perverted use of the legal procedure, that is to say, his/her resort to the legal process was neither warranted nor authorized by law,[1] and (2) that the defendant had an ulterior motive in initiating the legal process. In other words, abuse of process is the misuse or misapplication of the legal procedure in a manner not contemplated by law.

Specifically, the plaintiff contends that the defendant utilized the legal process to intimidate, harass and coerce the plaintiff in order to obtain a collateral advantage. In other words, the plaintiff contends that the defendant invoked the legal process to accomplish some unlawful end, namely, to compel the plaintiff to do some collateral thing which he/she could not legally be compelled to do.

The defendant denies this allegation and asserts that he, the defendant, made a regular and legitimate use of the process. The defendant contends that he/she employed the legal process to have his/her claims adjudicated or to enforce legitimate claims.

In short, in order for the plaintiff to prevail in this action, he/she must prove by a preponderance of the evidence that the defendant made an improper, illegal, and perverted use of the process and that there existed an ulterior motive or purpose on part of the defendant.

If you find that the use of the process was a proper one, then I charge you as a matter of law that the motive is immaterial. The legal pursuits of ones rights, no matter what may be the motive of the promoter of the action, cannot be deemed either illegal or inequitable. It is the misuse of the process, though properly obtained, which constitutes the misconduct for which liability is imposed.

If you find, therefore, that the defendant made a perverted use of legal procedure for which it was not designed, with an ulterior purpose, than I charge you as a matter of law, the law provides a redress and the defendant is thereby liable to the plaintiff.