Criminal Essay/MBE

Question 1

False Imprisonment

Answer 1

1. act or omission
2. with intent to restrain/confine
3. that causes person to be restrained/confined to a bounded area

Plaintiff must know of confinement or be harmed

Question 2

False imprisonment - withholding assistance

Answer 2

If plaintiff is lawfully under defendant’s control and it is impossible to leave without assistance, intentional withholding of assistance is false imprisonment

Question 3

Negligent Infliction of Emotional Distress

Answer 3

1. zone of danger
2. suffer physical symptoms from distress

Question 4

Indemnity

Answer 4

Entire loss shifts between tortfeasors by:

1. Contract
2. Vicarious liability
3. Strict Product Liability