Liability

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Questions and Answers

Which term is broader in scope, malicious arrest or malicious prosecution?

Both are equally broad in scope

Malicious prosecution (correct)

Malicious arrest

Neither are broad in scope

In which case was the term malicious arrest used instead of malicious prosecution?

Cox 1'. Coshio

32 StallingSI'. Fost~r

3 t Colur l'. Lowtrand Others

30 S~rg~anl 1'. WalSOIl Bros. Trrlllsp. Co. (correct)

In which case was the term malicious arrest not used?

Cox 1'. Coshio

32 StallingSI'. Fost~r

33 Stat~ I'. Williams (correct)

3 t Colur l'. Lowtrand Others

According to the text, false imprisonment is classified as a tort under the common law and also as a crime.

True Signup and view all the answers

According to the text, what are the essential elements of the action for the tort of false imprisonment?

Both actual seizure or the laying on of hands and unlawful detention or restraint against one's will Signup and view all the answers

According to the text, why is false imprisonment considered a great offense?

Because the law has a high regard for liberty Signup and view all the answers

According to the text, what is the definition of false imprisonment?

Interfering with someone's liberty of locomotion Signup and view all the answers

According to the text, what damages can a person claim in a false imprisonment suit?

All of the above Signup and view all the answers

According to the text, what are actual damages in a false imprisonment case?

Compensation for the injury suffered Signup and view all the answers

According to the text, who is liable for the damages caused by an unlawful arrest or imprisonment?

The person who assists or participates in the arrest Signup and view all the answers

According to Judge Cooley, false imprisonment is a wrong that is similar to which of the following wrongs?

Assault and battery Signup and view all the answers

According to Blackstone, every confinement of a person is considered an imprisonment, regardless of the location.

True Signup and view all the answers

According to the Supreme Court of Idaho, when is an imprisonment considered false?

When it is done without lawful authority Signup and view all the answers

According to the Supreme Court of Kansas, what is necessary for an act to be considered false imprisonment?

The individual must be restrained of their liberty without any sufficient legal cause Signup and view all the answers

Which of the following statements is true about false imprisonment?

False imprisonment can occur without any physical force or actual touching. Signup and view all the answers

What is the definition of false imprisonment?

The unlawful restraint by one person of the physical liberty of another. Signup and view all the answers

Is time duration a factor in making an arrest?

No, time duration is not a factor in making an arrest. Signup and view all the answers

When can an arrest be considered false imprisonment?

When the person being arrested is not physically touched or seized. Signup and view all the answers

Which two charges are often confused with each other, but have fundamental differences?

False imprisonment and malicious prosecution Signup and view all the answers

What are the essential elements in an action for false imprisonment?

Want of authority and want of probable cause Signup and view all the answers

In an action for malicious prosecution, what is the burden of proof on the plaintiff?

To establish that the defendant acted with malice Signup and view all the answers

What is the difference between false imprisonment and malicious prosecution?

False imprisonment involves malice, while malicious prosecution involves want of probable cause Signup and view all the answers

Study Notes

What Constitutes False Imprisonment

False imprisonment is the unlawful restraint or interference with the personal liberty of an individual.
It is one of the oldest violations of rights known and was one of the first trespasses recognized by Common Law.
False imprisonment is classified as a tort under common law and can also be considered 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 personal liberty and the violation of the right to freedom of locomotion.
It can be committed by words alone or by acts, and physical custody or restraint is not essential to effectuate an arrest.
Any restraint, however slight, upon another's liberty constitutes an arrest.
The length of time of the restraint does not matter, as false imprisonment occurs as soon as one is restrained in the exercise of their liberty.
False imprisonment can occur through unlawful arrest or detention, without a warrant or with an illegal warrant.
The law places a high value on the liberty of the citizen, and even an attempt to unlawfully arrest is considered a provocation.
False imprisonment can occur when someone causes a situation that makes it impossible for another to exercise their liberty or locomotion.

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Description

Understanding Liability and Damages: Test your knowledge on legal consequences for interfering with someone's liberty of locomotion and learn about the potential for lawsuits and damages.