4) IT - False Imprisonment

Question 1

false imprisonment: def

Answer 1

D intentionally causes P to be confined in a bounded area against P’s will, and P knows of the confinement or is injured by it

Question 2

false imprisonment: elements

Answer 2

1) intent
2) confinement
3) against P’s will
4) P knows of the confinement or is injured by it (harm)

Question 3

intent: kinds

Answer 3

EITHER:

1) desires to confine P, OR
2) knows confinement virtually certain to result

Question 4

intent: motive?

Answer 4

as usual, irrelevant

Question 5

confinement: kinds

Answer 5

1) physical barriers (like walls), or
2) failing to release P when obligated to do so,
3) invalid assertion of legal authority

Question 6

confinement: duration

Answer 6

doesn’t matter – even very brief counts (but will go to damages)

Question 7

confinement: how it usually happens

Answer 7

force or threat of force against:
P
family/etc
valuable personal property

Question 8

confinement: threats: exception

Answer 8

threats to REPUTATION are insufficient to support false imprisonment claim

Question 9

confinement: exception

Answer 9

if P actually knows of a reasonable means of escape, then he is not confined!

Question 10

confinement: “reasonable means of escape” def

Answer 10

not dangerous (at all)
not embarrassing

Question 11

confinement: reasonable means of escape: risk of embarrassment

Answer 11

not reasonable

Question 12

against P’s will: def

Answer 12

if P consents to being confined, it’s NOT false imprisonment

Question 13

harm: if P is aware that being confiend

Answer 13

entitled to damages, no matter how brief the confinement

Question 14

harm: if P not aware of being confined

Answer 14

then can ONLY bring claim for false imprisonment if was injured due to the confinement

Question 15

false arrest: rship

Answer 15

type of false imprisonment

Question 16

false arrest: def

Answer 16

arrest by anyone who does not actually possess legal authority