| 1. |
Malicious prosecution (MP) is a disfavored cause of action. |
True |
False |
| 2. |
Lack of probable cause to bring the underlying case (UC) is determined by the court in an MP action. |
True |
False |
| 3. |
A subjective standard is applied in determining the element of probable cause to bring the UC. |
True |
False |
| 4. |
The probable cause standard to be applied in an MP action is whether any reasonable attorney would have thought the UC tenable. |
True |
False |
| 5. |
A defense verdict in the UC automatically establishes a lack of probable cuase for an MP case. |
True |
False |
| 6. |
Reversal of a plaintiff's verdict on appeal of the UC will not establish the existence of probable cause in an MP case. |
True |
False |
| 7. |
Denial of a defendant's motion for summary judgment in the UC normally establishes probable cause to sue. |
True |
False |
| 8. |
The element of probable cause to bring the UC has both a factual and a legal component. |
True |
False |
| 9. |
Any plaintiff put on notice that a fundamental element of its case is disputed should not proceed without sufficient evidence to support a favorable judgment on that element, or at least information taht such evidence can be obtained. |
True |
False |
| 10. |
In an MP case, malice requires a showing that the UC plaintiff ahd hostility or ill will towards the UC defendent. |
True |
False |
| 11. |
Malice can be inferred from a lack of probable cause. |
True |
False |
| 12. |
A comprehensive general liability (CGL) insurance policy will not cover an MP judgment against an insured because coverage for willful acts is precluded by statute. |
True |
False |
| 13. |
A CGL insurance policy cannot cover the defense of an MP case, even if it defines covered <i>personal injury</i> to include MP. |
True |
False |
| 14. |
The termination of an action based on the statute of limitations is a finding on the merits and can give rise to an MP cause of action. |
True |
False |
| 15. |
The UC defendant must obtain a favorable termination on each UC cause of action to pursue an MP case. |
True |
False |
| 16. |
An MP case can never be based on a private arbitration. |
True |
False |
| 17. |
The advice of counsel defense waives the attorney-client privileges as to related communications. |
True |
False |
| 18. |
The advice of counsel defense has been referred to as an affirmative defense. |
True |
False |
| 19. |
The defense of unclean hands does not apply to MP cases. |
True |
False |
| 20. |
Only conduct that relates to the actual filing of the underlying case is relevant to the defense of unclean hands. |
True |
False |