What is required to establish malicious prosecution?

To establish malicious prosecution, one must demonstrate that a legal action was initiated without probable cause and was pursued with malice or for an improper purpose. This aligns with the concept outlined in choice B; it highlights the requirement for a valid cause of action that was filed in bad faith. The focus here is on the intentions of the party initiating the legal action and how those intentions conflict with the legitimate interests of the other party.

The elements of malicious prosecution typically include showing that the previous legal proceeding ended in favor of the plaintiff, that there was a lack of probable cause for the original action, and that it was initiated with malice. The emphasis on bad faith in choice B underscores the necessity of proving that the action was not just groundless but also maliciously motivated.

In contrast, establishing a legal action based on verified evidence (choice A) does not address the malice or improper motives necessary for malicious prosecution. Similarly, a contract between involved parties (choice C) and a defense against harassment claims (choice D) do not relate to the fundamental legal principles surrounding malicious prosecution. Thus, choice B appropriately captures the critical requirements to successfully bring forth a claim of malicious prosecution.