What is considered 'malicious prosecution'?

Malicious prosecution refers to the unlawful initiation of a legal action, particularly in the context of a criminal or civil lawsuit, without probable cause and with malice. The core concept involves a situation where an individual initiates a legal proceeding against another person, knowing that there is insufficient justification for doing so. This often occurs when the person initiating the lawsuit is motivated by a desire to harm or retaliate against the other party, rather than having a legitimate legal claim supported by the facts and evidence at hand.

In this context, the correct choice identifies a scenario where a lawsuit is pursued without the necessary probable cause, which is essential for justifying legal actions. Probable cause ensures that the person filing the lawsuit has reasonable grounds to believe that their claims are legitimate. When this requirement is absent, and the action is rooted in malicious intent, it qualifies as malicious prosecution.

The other options presented do not capture the essence of malicious prosecution, as they involve situations where a legal claim is based on legitimate grounds, even if they may be minor or lack sufficient supporting evidence. For instance, a minor traffic incident or a civil suit initiated with complete evidence does not reflect the malicious intent required to constitute malicious prosecution. Similarly, criminal charges based solely on eyewitness testimony could still be