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Recent Malicious Prosecution questions

What are the elements of "malice" necessary to sustain an

What are the elements of "malice" necessary to sustain an action for malicious prosecution ? In other words what is necessary to prove malice to the satisfaction of the court? Malice is one of the six elements necessary to sustain an action for malicious prosecution as stated in Elmer v. Chicago & N,W.R. Co. (1950), 257 Wis.228,43 N. W. (2d) 244.

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Irwin Law

Juris Doctor JD

8,832 satisfied customers
I received a temporary injunction for protection against

I received a temporary injunction for protection against stalking on 8-18 . I have known the petitioner person almost 10 years. She suffers from mental issues and keeps coming back to me for friendship and more including money. Her family refuses to help her same reasons. I help her and she turns around and projects most of her troubles on me. She moved out of my home again early 2016 only 1 mile from me. I ran into her in grocery store and on highway. she says I am stalking her. Should I reciprocate wit the same complaint or just go to court and see what happens.?JA: Because real estate law varies from place to place, can you tell me what state this is in? What confuses you?Customer: need Civil adviceJA: Have you talked to a lawyer yet?Customer: no cannot find one locally and court date is Wed.JA: Anything else you think the lawyer should know?Customer: Yes I did email and text her even though she blocked me. I did so because I wanted to know if she was going to ever pay me back and to let her know that I am aware of her new "friend" that's cohabitating with her who is probably going to be the next victim. She has threatened me many times when she gets like this. She can be physically abusive too for a 69 yr old woman. I am a 59 yr old woman with a job and a reputation in medicine and want no more to do with her. She is trying to hurt me by filing this

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
How do I request a jury trial for a malicious prosecution

How do I request a jury trial for a malicious prosecution claim for monetary damages and when do I ask for the jury trial? Do I ask for a jury trial on the claim form when I file the claim form with the clerk of courts?

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Nishan Parlakian

Principal Attorney

122 satisfied customers
I have an interesting series of questions to ask. First the

Good Afternoon,I have an interesting series of questions to ask.First the background;I was convicted on one count conspiracy to commit bank fraud for which I was sentenced to 41 months in prison and ordered to pay 700K+ in restitution. I have served my sentence and am now on probation. I am paying $200 a month on that restitution amount. I have never missed a payment.My former business partners testified against me. They are now embroiled in a federal bankruptcy case stemming from their behavior during the time that my crime (supposedly) was committed.An involuntary bankruptcy proceeding was initiated a few years ago, shortly after my sentencing. This proceeding also contains an adversarial proceeding initiated by the bankruptcy trustee in which she lays out a federal RICO allegation. One of the predicates within the RICO allegation is that my former business partners lied to the creditor (bank) about my behavior which in turned caused the bank to sue me and my federal bank fraud case to be initiated. The allegation is that my former business partners knew the bank would pass along their false statements to the justice department thus hindering the justice department's investigation as well as the bank's potential recovery of assets. There are (at least) eight other predicates called out within the adversarial proceeding.I maintained that I had no criminal intent and I did not benefit from the conspiracy. There were no other “conspirators” indicted.The case has been litigated in federal bankruptcy court and the judge has the case under advisement since December 19, 2015. The trustee expects a ruling soon.I can answer any questions you may have in order to clarify this further.My first question isIf the judge decides against my former business partners and all creditors are made whole do I still owe restitution?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
What defense or countermeasures, if any, might be available

What defense or countermeasures, if any, might be available against false allegations of a breach of fiduciary duties by a Florida Condo unit owner against a condo officer or director?Scenario: A vindictive condo owner decides to sue the Association for an alleged failure to properly address his insurance damage claims following a hurricane.In the lawsuit he names all the condo directors and alleges some conspiracy and failure to conform with the best business rule and accuses them of breach of their fiduciary duty.The suit is complicated and goes on for 10 years without getting to trial. During all that time the innocent directors are suffering emotional distress, loss of sleep etc., because they know that innocent or not, NO-ONE EVER KNOWS WHAT A JUDGE WILL DECIDE.Can anything be done in terms of a countersuit for malicious prosecution and a demand for punitive damages, and/or any other remedy that might end the grief?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
An individual perjured mself in a civil trial by making

An individual perjured himself in a civil trial by making statements he knew were not true as well as statements he did not know were true (that were also false). These statements were made against me in a guardianship proceeding. Can I file a complaint and if so when must I file it?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
I was unlawfully detained by a neighbor with a firearm. I

I was unlawfully detained by a neighbor with a firearm. I was told where to sit and was told to provide my ID so my neighbor could photo copy it. The neighbor and his wife both had guns behind their backs and stated that I had better follow their commands. I was held for nearly an hour before I decided to leave even though I was told to wait. The same evening and around the same time, my father passed away at a nearby hospital from cancer. I would like to press charges against the neighbor for false imprisonment, trespass and harassment.

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Zoey, JD

Doctoral Degree

29,554 satisfied customers
1. On Sept. 23 2015 I suffered a massive Bipolar Manic

1. On Sept. 23 2015 I suffered a massive Bipolar Manic Episode.I was totally out of control for 3 months until mid December when I was arrested for Domestic Violence. I spent 30 days in Jail (over Christmas), 3 Years Probation and 1 Year Domestic Violence classes for something I do not remember.I also lost my Job, Home and Family. My family still cares about me and we get together at least once a week. They do not blame me for having a MEDICAL DISORDER. My poor wife and children were severely traumatized by all the terrible things I did that I do not remember. My Episode was more like a Split Personality Disorder.I tried to hire a lawyer to claim that I had a Mental Problem and wasn't liable for my actions.But I was told that I had already pleaded Guilty and there was nothing he could do.I am normally a very nice person but during the Episode I am told that I was a raving lunatic. I don't remember any of the terrible things I did.2. That was bad enough. In early May, I went to court for my Probation Review and was ARRESTED AGAIN. The first 2 days in Jail I did not know what I was arrested for. Then I learned that I had 5 COUNTS OF BATTERY from Oct. 5th 2015. That was at least 2 months BEFORE I was arrested for DV a week before Christmas.The court had made a mistake and charged me with a PROBATION VIOLATION.I spent 9 days in Jail, Paid $2,000 in Bail and $7.500 for a Lawyer else I would still be in Jail!Again: I DO NOT EVEN REMEMBER BEING IN THE HOSPITAL AT ALL!Please advise me if I have any rights for compensation for either of these violations.______________________________3. Also: Back in 2006 I had my first Bipolar Manic Episode.The police entered my apartment and found my closet full of marijuana plants that were for MY OWN USE. I did not have the Medical Card at the time but I was eligible because I was having severe stress because I knew all about 9/11, the so-Called "Federal Reserve owned by the Rothschilds (Illuminati - Satanists).I had received a Medical Card before the trial.Instead of having 6 large plants, I had 50 very tiny clones that were mature and would not grow much bigger than about 12". I was very stressed and needed the medication as soon as possible. The total yield would have been less than 2 ounces max.I was FALSELY accused of "expanding my operation." Which was a TOTAL LIE!Since I knew about Ed Rosenthal's trial I dare not say anything in my defense.I had to "bend over" and take what they dished out!When I asked my lawyer about my God-Given rights, my lawyer dared not answer. He could only laugh. I know why! But I dare not say that I knew I had NO RIGHTS.When I asked for a Jury Trial, I was told that I would surly get 3 years in Jail (as the DA wanted to punish me for growing my own personal use Medical Marijuana.____________________I have been abused by the system 3 times in 10 years and suffered from condemnation by the courts for several years. (being on probation)I lost over $20,000 in fines and Lawyer fees.($12,000 in 2006 and $9,500 in 2016)Please advise...Thanks,Stanley **********************************

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
I am a HOA Board member in CA, Riverside County. I vote

I am a HOA Board member in CA, Riverside County. I vote based on what I feel is for the good of the community. People are always mad about things we do, I'm used to that. Recently we have a homeowner who is always on the other side of the vote. Meaning if we vote yes she always voices her opposition and long winded rebuttals. Because she now feels unheard she comes in and threatens to sue for mismanagement. She's kind of a bully. When she threatens to sue the next time can I adjourn the meeting until we have our lawyer present? OR do I have to sit there and listen to her call us names and threaten legal actions?

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Ely

Counselor at Law

Juris Doctor

64,508 satisfied customers
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