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.
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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.

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2
Q

Exceptions to False Imprisonment:

A

1) Exclusion is not confinement

2) Reasonable Escape (defeats FI claim)

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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)

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4
Q

Factors (determine if threat is sufficient to overcome free will)

A
  • Relative size
  • age
  • Experience
  • Sex
  • Physical Demeanor
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