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MMLU / A police officer received a call from a friend who owned a business. The friend…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A police officer received a call from a friend who owned a business. The friend told him that a former employee, who was a "hothead", was making harassing phone calls and threats. He faxed the officer a oneparagraph summary of the matter. The officer questioned the prior employee, who became verbally abusive and vehemently denied making the calls. The officer arrested him for criminal harassment and wrongful use of a communications device, stating, "I'm going to teach you a lesson." The criminal case was thrown out, however, at the preliminary hearing when the police could not produce proof that the former employee made any phone calls to the business. The former employee then sued the police officer and the business owner for the tort of malicious prosecution. Leaving aside any considerations of immunity for the officer, can the former employee allege facts sufficient to support a malicious prosecution case?

choices

  1. No, because the officer received enough facts from the owner to establish the elements of the criminal charges that he filed against the former employee.
  2. Yes, there were sufficient facts for the former employee to establish the basic elements of the malicious prosecution tort.
  3. No, because the business owner knew that it was the former employee who made the calls even if he could not prove it.
  4. Yes, the officer committed abuse of legal process when he improperly initiated the case.

subject

professional_law

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Source and history

task_id
aa53954d-972c-590b-ab45-37e3f74ec1fb
task_key
all--test--aa53954d-972c-590b-ab45-37e3f74ec1fb
task_revision_id
1
config / split
all / test

Official source

initial import