abuse

/abyiiws/

1. noun

Everything which is contrary to good order established by usage. Departure from reasonable use; immoderate or improper use. Physical or mental maltreatment. Misuse. Deception. To wrong in speech, reproach coarsely, disparage, revile, and malign. State v. Neubauer, 2 Conn.Cir. 169, 197 A.2d 93, 96.

See defamation.

Child abuse.

See child abuse.

Civil law.

The destruction of the substance of a thing in using it.

See abuse, v.

Corporate franchise or entity.

The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done. The use of rights or franchises as a pretext for wrongs and injuries to the public.

Discretion.

"Abuse of discretion" is synonymous with a failure to exercise a sound, reasonable, and legal discretion. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. It does not imply intentional wrong or bad faith, or misconduct, nor any reflection on the judge but means the clearly erroneous conclusion and judgment-one is that clearly against logic and effect of such facts as are presented in support of the application or against the reasonable and probable deductions to be drawn from the facts disclosed upon the hearing; an improvident exercise of discretion; an error of law. State v. Draper, 83 Utah 115, 27 P.2d 39; Ex parte Jones, 246 Ala. 433, 20 So.2d 859, 862.

A discretion exercised to an end or purpose not justified by and clearly against reason and evidence. Unreasonable departure from considered precedents and settled judicial custom, constituting error of law. Beck v. Wings Field, Inc., C.C.A.Pa., 122 F.2d 114, 116, 117.

A judgment or decision by an administrative agency or judge which has no foundation in fact or in law.

"Abuse of discretion" by trial court is any unreasonable, unconscionable and arbitrary action taken without proper consideration of facts and law pertaining to matter submitted. Harvey v. State, Okl.Cr., 458 P.2d 336, 338.

Drug abuse.

See drug abuse.

Female child.

An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. Lee v. State, 246 Ala. 69, 18 So.2d 706, 707.

But, according to other authorities, "abuse" is here equivalent to ravishment or rape. Any injury to private parts of girl constitutes "abuse" within meaning of criminal statute proscribing abuse of girl under age of 12 years in attempt to have carnal knowledge of her; mere hurting of private parts of girl, even though they are not bruised, cut, lacerated or torn, is sufficient. Ard v. State, 57 Ala.App. 250, 327 So.2d 745, 747.

See also carnal abuse

- child abuse.

Police officer.

As used in statute prohibiting one from obstructing, resisting, or abusing an officer, word "abuses" means to wrong in speech, reproach coarsely, disparage, revile, or malign an officer who is performing his duty. State v. Neubauer, 2 Conn.Cir. 169, 197 A.2d 93.

Power.

Use of one who possesses it in a manner contrary to law. Improper use of power, distinguished from usurpation of power which presupposes exercise of power not vested in the offender. Swenson v. Gaboon, 111 Fla. 788, 152 So. 203, 204.

Process.

The gist of an action for "abuse of process" is improper use or perversion of process after it has been issued. Publix Drug Co. v. Breyer Ice Cream Co., 347 Pa. 346, 32 A.2d 413, 415.

A malicious abuse of legal process occurs where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. 500 West 174 St. v. Vasquez, 67 Misc.2d 993, 325 N.Y.S.2d 256, 258. Thus, where the purpose of a prosecution for issuance of a check without funds was to collect a debt, the prosecution is an abuse of criminal process. Regular and legitimate use of process, although with a bad intention, is not a malicious "abuse of process." Priest v. Union Agency, 174 Tenn. 304, 125 S.W.2d 142, 143.

Action for "abuse of process" is distinguished from action for "malicious prosecution," in that action for abuse of process rests upon improper use of regularly issued process, while "malicious prosecution" has reference to wrong in issuance of process. Lobel v. Trade Bank of New York, 132 Misc. 643, 229 N.Y.S. 778, 781.

Fundamental elements of this tort are an ulterior purpose, and a willful act in the use of process not proper in the regular conduct of the proceeding. Barquis v. Merchants Collection Ass'n of Oakland, Inc., Cal., 7 C.3d 94, 101 CaLRptr. 745, 752, 496 P.2d 817.

See also malicious abuse of legal process

- malicious use of process

- abusive.

2. v.

/abyuwz/ To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. To make an extravagant or excessive use, as to abuse one's authority