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(e) When is the complaining witness regarded as responsible for the criminal proceeding and when is the prosecuting officer so regarded?

5. (a) What is the probable cause?

(b) Why is it essential that there shall be no probable cause for the prosecution charged to be tortious!

(c) What matters of public policy enter into this requirement?

6. (a) What is malice in this connection?

(b) Why can the institution of a criminal case in order to compel the defendant to pay a debt justly due from him be regarded as malicious?

7. In what ways and to what extent must the rights of the person seeking damage have been interfered with in the former proceeding?

8. (a) Why must the proceeding on which the suit for damages is based have terminated before the suit for damages can be maintained?

(b) Express in your own language what is meant by the termination of the former proceeding. Cover both proceedings in courts having final jurisdiction and proceedings before committing magistrates.

9. (a) What are damages?

(b) What items of actual damage are ordinarily recoverable in an action for malicious prosecution?

(c) Why are exemplary damages ordinarily recoverable in such suits?

10. (a) Who is responsible for the damages occasioned by the malicious prosecution?

(b) If a prosecution is instituted maliciously and without probable cause, but in the regular way in a court of competent jurisdiction, and a writ is regularly issued commanding the arrest of the defendant, can the officer executing the writ be held liable for making the arrest? Why? 11. (a) Why is the remedy for malicious prosecution by "action on the case" instead of "trespass"?

(b) What should the plaintiff's pleadings in such a case

set out?

(c) What should be covered by the defensive pleadings?

(d) How do the rules of evidence in these cases compare
with those that govern in ordinary civil litigation?
(e) How can want of probable cause be proven?
(f) What is meant by the advice of counsel ?
(g) Who is entitled to give such advice?

(h) On what facts must such advice be based?

(i) Why do some courts distinguish between the advice

of private counsel and the advice of the state's prosecuting officer?

12. Compare and contrast malicious prosecution and false imprisonment.

QUIZ QUESTIONS

LAW OF TORTS

PART VII

INTERFERENCE WITH DOMESTIC, CONTRACTUAL AND BUSINESS RELATIONS

(The numbers refer to the numbered sections in the text.)

1. (a) What are included in the domestic relations? (b) What is the distinction between status and contract?

2. (a) Define consortium. (b) A and his wife were physically injured through the negligence of a railroad company. A brought suit and recovered damages for his own injuries. He now brings suit for loss of services and society of his wife, and medical expenses during her illness. May he recover?

3. B so influenced her son, C, as to alienate his affections from his wife, A, and he left her and went to his mother's home. Several years later he began suit for divorce. A now sues B for loss of her husband's affections and society. Is the action maintainable?

4. May the unmarried mother of an illegitimate child recover for loss of services and for expense caused by injury through negligence?

5. Is an action for seduction of his minor daughter maintainable by a father, when the daughter is employed by a third person, but visits home occasionally?

6. A employed laborers to work on his farm, under written contracts, whereby they were to receive part of the crops for their services. B enticed them away and kept them in

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his own service for ten months. Is an action by A against B maintainable?

7. What are the three important English cases bearing on the question of the right to non-interference in contract relations? What do they establish?

8. A's child died and he made a contract with C to furnish carriages for the funeral. In order to punish the undertaker employed by A, B, the officer of the union, persuaded C to take away the carriages from the door of A's house. Has A a right of action against B?

9. What is the meaning of malice and maliciously when used in declarations charging interference with contract relations?

10. May nominal damages be recovered for interference with contractual relations, when the plaintiff cannot prove substantial damages?

11. What is the principle on which a tort action for interference with business or employment may be founded?

12. Who are the persons concerned in the question whether the law will recognize a tort for interference with business and employment?

13-14. What are the views of some of the great judges as to the character of the right to non-interference in business or employment?

15. What are the questions involved in the decision of whether plaintiff can recover in an action for interference with his business or employment?

16. State the theory of the doctrine of justification.

17. Give the substance of Justice Holmes' view of the doctrine of justification.

18. Give the substance of Lord Bowen's view of the doctrine of justification.

19. What is the earliest known case on the question of competition as a justifying cause in interfering with a man's business? What is the leading modern case?

20. What were the facts in the Mogul case, and what was the tenor of Lord Bowen's argument on the subject of fair and unfair competition?

21. The defendants combined as manufacturers to refuse to sell to the plaintiff, a wholesaler, except at retail prices.

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