Which tort involves using the legal system as an ulterior purpose to threaten or act against a plaintiff?

• A. Malicious prosecution
• B. Intentional infliction of emotional distress
• C. Nuisance
• D. Abuse of process

Answer: (D)

Abuse of process is about using the legal system for a purpose other than obtaining the remedy the process is designed to provide. The key element is an ulterior motive—using proceedings, subpoenas, or other court tools not to pursue a legitimate claim, but to pressure, harass, or punish the plaintiff or to achieve some unrelated goal.

In the scenario, the defendant is weaponizing the court system to threaten or act against the plaintiff, beyond what the dispute itself warrants. For example, filing a case or employing discovery to intimidate or coerce a settlement, rather than to resolve a legitimate dispute, fits abuse of process.

This differs from malicious prosecution, which focuses on starting a prior suit with malice and without probable cause, and then the action ends in the plaintiff’s favor. Here the emphasis is not on the merits or termination of the underlying suit, but on misusing the process itself for an improper objective.