What does malicious prosecution imply?

Malicious prosecution refers to the legal action taken against someone without probable cause and with malice, usually in the context of criminal charges or civil lawsuits. The correct interpretation centers around the idea that a party is initiating or continuing legal proceedings against another without sufficient grounds, essentially abusing the legal process.

The characteristic feature of malicious prosecution is that it involves the initiation of a legal action without a reasonable basis, combined with a wrongful motive to harm the defendant. Thus, the implication of initiating a lawsuit without probable cause accurately reflects this concept, as it captures the essential elements of both a lack of sound justification and the intent to inflict harm on another party.

In contrast, the initiation of a lawsuit without probable cause encompasses the fundamental definition of what constitutes malicious prosecution, focusing on the legal misuse rather than the act of false arrest or out-of-court negotiations, which do not inherently reflect the core legal misbehavior involved in this specific tort.