18 Questions
Which legal scholar is credited with stating that false imprisonment is one of the oldest violations of rights known?
Henry de Bracton
What is the classification of false imprisonment under the common law?
Tort
According to Chitty's Practice of the Law, what are the injuries to liberty principally termed as?
Malicious prosecutions
Which of the following is the key difference between malicious prosecution and false imprisonment?
Malicious prosecution involves arrest without probable cause, while false imprisonment involves detention without proper legal authority.
Under what circumstances can a person have a case for malicious prosecution?
If the person is found to be not guilty after being legally arrested for an alleged reason.
What is the essential element in an action for false imprisonment?
Want of authority
According to Judge Cooley, false imprisonment is a wrong that is similar to which of the following?
Assault
According to Blackstone, any type of detainment or confinement of a person, or restriction or deprivation of their liberty or freedom of locomotion, is considered what?
False imprisonment
According to the Supreme Court of Idaho, when is an imprisonment considered false?
When it is done without lawful authority
According to the Supreme Court of Kansas, what is necessary for an act to be considered false imprisonment?
The individual must be restrained of his liberty without any sufficient legal cause
Which of the following is a consequence of a wrongful arrest and imprisonment?
Emotional distress
What are the two types of damages specified by the law?
Compensatory and exemplary
Who is equally liable for the damages caused in an unlawful arrest or imprisonment?
The police officer in charge of the patrol wagon
What is the fundamental difference between false imprisonment and malicious prosecution?
They have different elements and forms of action
Which of the following statements best describes false imprisonment?
False imprisonment occurs when someone is deprived of their personal liberty without their consent.
What constitutes an arrest in the context of false imprisonment?
Any restraint, no matter how slight, on another person's liberty to come and go as they please.
What can a person who has been falsely imprisoned seek as a remedy?
All of the above.
What is the general rule of damages in cases of false imprisonment?
The person causing the wrongful imprisonment is liable for all the natural and probable consequences thereof.
Study Notes
What Constitutes False Imprisonment
- False imprisonment involves the unlawful restraint or interference with an individual's personal liberty.
- It is one of the oldest violations of rights recognized by the Common Law.
- False imprisonment is classified as both a tort and a crime.
- It is considered a great offense due to the high regard the law has for liberty.
- The essential elements of false imprisonment are detention or restraint against one's will and the unlawfulness of such detention or restraint.
- False imprisonment is a wrongful interference with an individual's freedom of locomotion.
- It can occur through physical force, threats, or by imposing a situation that makes it impossible for the person to exercise their liberty.
- Unlawful arrest is the most common type of false imprisonment.
- Physical custody or restraint is not essential to the effectuation of an arrest.
- False imprisonment occurs as soon as one is restrained, regardless of the length of time.
- Those who interfere with another's liberty can be sued for trespass upon liberty and loss of time.
- The person subjected to false imprisonment is entitled to receive a remedy for damages, including compensation for any other damages resulting from the deprivation of liberty.
Test your knowledge on false imprisonment and learn about the elements of this legal concept. Explore scenarios involving arrest, physical custody, and the deprivation of personal liberty.
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