To successfully prove a case in malicious prosecution, what must the plaintiff demonstrate?

In a malicious prosecution case, it is essential for the plaintiff to demonstrate that they were charged with a crime. This foundational element is crucial because it establishes the basis for the claim. A key aspect of malicious prosecution is the wrongful initiation of legal proceedings against an individual without probable cause. By proving that they were charged with a crime, the plaintiff can then build their case to show that the charges lacked merit and that the prosecution was initiated maliciously, often stemming from malice or a personal vendetta rather than genuine legal grounds.

The other elements mentioned, like being found not guilty, show a context to the case but are not fully sufficient on their own to establish the claim of malicious prosecution, as their focus is on the outcome rather than the initiation of charges. Similarly, while emotional distress may be a consequence of the prosecution, it is not a required proof element for establishing a case of malicious prosecution. Thus, the core requirement rests on the demonstration of being charged with a crime.