To prevail on a claim for malicious prosecution, [Plaintiff] must prove by the greater weight of evidence:
1) Institution of a [criminal] [civil] proceeding by [or at the instance of] [Defendant] against [Plaintiff];
2) Termination of the [criminal] [civil] proceeding in favor of [Plaintiff];
3) Absence of probable cause for the [criminal] [civil] proceeding;
4) Malice; and
5) Damages proximately caused by the institution of the proceedings.
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