False Imprisonment

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

False Imprisonment

Postby RR320 » Sun Dec 18, 2011 7:09 pm

I'm under the impression my professor says that you need all these components for false imprisonment:

-Awareness/ or sustain bodily harm

-No reasonable means of escape

-Boundaries: space/time

-Force or threat of force (words that the victim fears to disregard)

-Words alone can accomplish false imprisonment

-False assertion of authority

I'm just confused because on one of his old exams there is a fact pattern dealing with a kid and a bully and the bully tells the kid to put his nose up to a telephone poll and stay there, and the bully leaves. So clearly they are outside and there is a reasonable means of escape, but then the multiple choice ?'s that follow are all about false imprisonment.

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piccolittle
Posts: 1118
Joined: Mon Oct 06, 2008 4:16 pm

Re: False Imprisonment

Postby piccolittle » Sun Dec 18, 2011 7:16 pm

RR320 wrote:I'm under the impression my professor says that you need all these components for false imprisonment:

-Awareness/ or sustain bodily harm

-No reasonable means of escape

-Boundaries: space/time

-Force or threat of force (words that the victim fears to disregard)

-Words alone can accomplish false imprisonment


-False assertion of authority

I'm just confused because on one of his old exams there is a fact pattern dealing with a kid and a bully and the bully tells the kid to put his nose up to a telephone poll and stay there, and the bully leaves. So clearly they are outside and there is a reasonable means of escape, but then the multiple choice ?'s that follow are all about false imprisonment.


I think that's what the issue is. Does the bully have to stick around? You can be falsely imprisoned in the open air or field or whatever as long as your movements are confined to a specific area by some force or threat. It depends when you would say the confinement ended (when the bully walked away and there was no more direct threat?). Then again, "threat" and "confinement" have been interpreted very broadly (e.g. vague future threats; a whole state). Pity it's an MC type question, as otherwise you could go into an analysis of "reasonable means of escape" and whether he could have left the pole after the bully walked away.

Haha sorry if that's confused/confusing... I have civ pro on Tuesday and I am already crazy.

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MrPapagiorgio
Posts: 1747
Joined: Sat Feb 13, 2010 2:36 am

Re: False Imprisonment

Postby MrPapagiorgio » Sun Dec 18, 2011 7:16 pm

viewtopic.php?f=3&t=174162

What would you say you learned in torts this semester?




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