Pennsylvania law 42 Pa.C.S. §§ 8351 and 8352 outline the wrongful use of civil proceedings, establishing liability when someone acts without probable cause and primarily to harass or for improper purposes. The law also specifies what constitutes probable cause, including reasonable belief in the facts and law, or reliance on good-faith legal advice. Notably, arrest or seizure is not required to pursue a claim under this law.
It occurs when someone initiates or continues civil cases without probable cause and primarily to harass or for improper purposes, especially if the case ends in favor of the defendant.
No, arrest or seizure of the person or property is not necessary to bring a claim under this law.
Probable cause exists if the person reasonably believes the facts support the claim, law supports it, or they relied in good faith on legal advice.
Yes, if the person reasonably relies on legal advice given in good faith after full disclosure of relevant facts, it can establish probable cause.