False Imprisonment Bar Prep

Question 1

Elements of false imprisonment

Answer 1

(1) Act or omission on the part of the defendant that confines or restrains the plaintiff

(2) plaintiff must be confined to a bounded area

Question 2

Sufficient acts of restraint

Answer 2

(1) Physical barriers

(2) Physical force against plaintiff, immediate family, or personal property

(3) Direct threats of force

(4) indirect or implied threats of force

(5) Failure to release the plaintiff when under legal duty to do so

(6) Invalid use of legal authority

Question 3

Insufficient acts of restraint

Answer 3

(1) Moral pressure

(2) Future threats

Question 4

Time of confinement

Answer 4

Irrelevant how short the period of confinement is

Question 5

Awareness of confinement

Answer 5

Plaintiff must know of the confinement or be harmed by it

Question 6

What is a bounded area?

Answer 6

There is no reasonable means of escape KNOWN to the plaintiff

Question 7

Way out can’t be:

Answer 7

(1) Dangerous

(2) Disgusting

(3) Humiliating

(4) Hidden

Question 8

Are damages required?

Answer 8

No, plaintiff can recover nominal damages even if actual damages are not proved

Punitive damages may be recovered if the defendant acted maliciously