Termination in Plaintiff's Favor Law and Legal Definition

Termination in plaintiff's favor refers to an end to a criminal prosecution or civil proceeding in favor of plaintiff in an action for malicious prosecution. Such end is reached, provided the end is such that the prosecutor must institute proceedings anew if s/he desires to continue further with his/her purpose of prosecution.

The law requires that a plaintiff in an action for malicious prosecution must avail and prove the institution of the action or proceeding without reasonable cause; malice in the institution of the action or proceeding; and the complete termination of the action or proceeding. If a plaintiff in an action for malicious prosecution can maintain these propositions to the satisfaction of a jury, s/he may and should recover damages; nor does the result tend to deter others from the honest and fearless prosecution of offenders against the law. [Graves v. Scott, 104 Va. 372 (Va. 1905)].