false imprisonment

Question 1

false imprisonment

Answer 1

The defendant’s acts are (1) intended to (2) unlawfully cause (3) confinement or restraint of a (4) conscious victim within a (5) bounded area.

Question 2

intent for false imprisonment

Answer 2

unlawful cause & confinement or restraint

Question 3

unlawful cause

Answer 3

False imprisonment requires that the defendant have acted outside the legal privilege to confine the victim (false arrest).

Question 4

how can individuals be confined/restrained

Answer 4

physical barrier, force/threat of force, omission, assertion of legal authority.

Question 5

consciousness of confinement

Answer 5

False imprisonment requires that the victim be conscious of the imprisonment at the time it occurred.

Question 6

what is the minority view under consciousness of confinement

Answer 6

a minority of jurisdictions allow for recovery even when the victim us unaware of the imprisonment

Question 7

what are examples of a bounded area

Answer 7

moving vehicles and size limitations [this includes entire cities or states]

Question 8

awareness of ability to escape

Answer 8

if another exit is available, but the victim is unaware

Question 9

reasonable means of escape

Answer 9

is escape requirs the victim to be heroic, to suffer embarrassment or physical discomfort, or to abandon property, the defendant is liable for false imprisonment

Question 10

false arrest requires:

Answer 10

(1) the defendant asserted legal authority to detain the victim (2) the victim believed that he defendant had that authority (3) the victim submitted to that authority against his will (4) the defendant actually lacked that legal authority