False Imprisonment Flashcards
0
Q
Shopkeeper’s Privilege
A
- Detention
- Reasonable belief (theft / attempt to steal)
- Detention for reasonable time.
- Detention in a reasonable manner.
1
Q
False Imprisonment
A
Intentional
Act causing confinement of another / 3rd party
Within Boundaries fixed by actor
D’s Act directly / indirectly causes confinement
P is Aware of confinement / or harmed by it.
2
Q
Exceptions to False Imprisonment:
A
1) Exclusion is not confinement
2) Reasonable Escape (defeats FI claim)
3
Q
False Imprisonment by Threat
A
Fear of Injury (threat of violence)
Fear of loss of reputation (Call the police)
fear of loss of Property (confiscate id/phone)
4
Q
Factors (determine if threat is sufficient to overcome free will)
A
- Relative size
- age
- Experience
- Sex
- Physical Demeanor