False Imprisonment

Description: False Imprisonment Quiz
Number of Questions: 15
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Tags: torts false imprisonment
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What is the legal definition of false imprisonment?

  1. The intentional confinement of a person without lawful authority.

  2. The intentional confinement of a person with lawful authority.

  3. The unintentional confinement of a person without lawful authority.

  4. The unintentional confinement of a person with lawful authority.


Correct Option: A
Explanation:

False imprisonment is the intentional confinement of a person without lawful authority. This can be done through physical restraint, such as locking someone in a room, or through psychological coercion, such as threatening someone with harm if they try to leave.

What are the elements of false imprisonment?

  1. Intent to confine, confinement, and damages.

  2. Intent to confine, confinement, and causation.

  3. Intent to confine, confinement, and proximate cause.

  4. Intent to confine, confinement, and foreseeability.


Correct Option: B
Explanation:

The elements of false imprisonment are intent to confine, confinement, and causation. Intent to confine means that the defendant acted with the purpose of confining the plaintiff. Confinement means that the plaintiff was actually confined. Causation means that the defendant's actions were the cause of the plaintiff's confinement.

What is the difference between false imprisonment and unlawful detention?

  1. False imprisonment is a crime, while unlawful detention is a tort.

  2. False imprisonment is a tort, while unlawful detention is a crime.

  3. False imprisonment and unlawful detention are the same thing.

  4. False imprisonment and unlawful detention are different torts.


Correct Option: D
Explanation:

False imprisonment and unlawful detention are different torts. False imprisonment is the intentional confinement of a person without lawful authority, while unlawful detention is the intentional confinement of a person with lawful authority.

What are some defenses to false imprisonment?

  1. Consent, privilege, and necessity.

  2. Consent, privilege, and self-defense.

  3. Consent, privilege, and mistake of fact.

  4. Consent, privilege, and mistake of law.


Correct Option: A
Explanation:

Some defenses to false imprisonment include consent, privilege, and necessity. Consent means that the plaintiff agreed to be confined. Privilege means that the defendant had a legal right to confine the plaintiff. Necessity means that the defendant was justified in confining the plaintiff in order to prevent harm to the plaintiff or to others.

What are the remedies for false imprisonment?

  1. Damages, injunction, and habeas corpus.

  2. Damages, injunction, and specific performance.

  3. Damages, injunction, and rescission.

  4. Damages, injunction, and restitution.


Correct Option: A
Explanation:

The remedies for false imprisonment include damages, injunction, and habeas corpus. Damages are a monetary award that compensates the plaintiff for the harm they suffered as a result of the false imprisonment. An injunction is a court order that prohibits the defendant from continuing to confine the plaintiff. Habeas corpus is a court order that requires the defendant to bring the plaintiff before the court so that the court can determine if the plaintiff is being lawfully confined.

What is the statute of limitations for false imprisonment?

  1. One year.

  2. Two years.

  3. Three years.

  4. Four years.


Correct Option: B
Explanation:

The statute of limitations for false imprisonment is two years. This means that the plaintiff must file a lawsuit within two years of the date of the false imprisonment.

What are some examples of false imprisonment?

  1. Locking someone in a room.

  2. Threatening someone with harm if they try to leave.

  3. Preventing someone from leaving a store.

  4. All of the above.


Correct Option: D
Explanation:

Examples of false imprisonment include locking someone in a room, threatening someone with harm if they try to leave, and preventing someone from leaving a store.

What is the difference between false imprisonment and kidnapping?

  1. False imprisonment is a crime, while kidnapping is a tort.

  2. Kidnapping is a crime, while false imprisonment is a tort.

  3. False imprisonment and kidnapping are the same thing.

  4. False imprisonment and kidnapping are different crimes.


Correct Option: D
Explanation:

False imprisonment and kidnapping are different crimes. False imprisonment is the intentional confinement of a person without lawful authority, while kidnapping is the intentional abduction and confinement of a person with the intent to cause serious bodily harm or to extort money or other property.

What are the elements of kidnapping?

  1. Intent to abduct, abduction, and confinement.

  2. Intent to abduct, abduction, and serious bodily harm.

  3. Intent to abduct, abduction, and extortion.

  4. Intent to abduct, abduction, and ransom.


Correct Option: B
Explanation:

The elements of kidnapping are intent to abduct, abduction, and serious bodily harm. Intent to abduct means that the defendant acted with the purpose of abducting the victim. Abduction means that the defendant actually abducted the victim. Serious bodily harm means that the defendant caused or intended to cause serious bodily harm to the victim.

What are some defenses to kidnapping?

  1. Consent, privilege, and necessity.

  2. Consent, privilege, and self-defense.

  3. Consent, privilege, and mistake of fact.

  4. Consent, privilege, and mistake of law.


Correct Option: A
Explanation:

Some defenses to kidnapping include consent, privilege, and necessity. Consent means that the victim agreed to be abducted. Privilege means that the defendant had a legal right to abduct the victim. Necessity means that the defendant was justified in abducting the victim in order to prevent harm to the victim or to others.

What are the remedies for kidnapping?

  1. Damages, injunction, and habeas corpus.

  2. Damages, injunction, and specific performance.

  3. Damages, injunction, and rescission.

  4. Damages, injunction, and restitution.


Correct Option: A
Explanation:

The remedies for kidnapping include damages, injunction, and habeas corpus. Damages are a monetary award that compensates the victim for the harm they suffered as a result of the kidnapping. An injunction is a court order that prohibits the defendant from continuing to confine the victim. Habeas corpus is a court order that requires the defendant to bring the victim before the court so that the court can determine if the victim is being lawfully confined.

What is the statute of limitations for kidnapping?

  1. One year.

  2. Two years.

  3. Three years.

  4. Four years.


Correct Option: D
Explanation:

The statute of limitations for kidnapping is four years. This means that the victim must file a lawsuit within four years of the date of the kidnapping.

What are some examples of kidnapping?

  1. Abducting a child.

  2. Abducting an adult.

  3. Holding someone hostage.

  4. All of the above.


Correct Option: D
Explanation:

Examples of kidnapping include abducting a child, abducting an adult, and holding someone hostage.

What is the difference between false imprisonment and malicious prosecution?

  1. False imprisonment is a crime, while malicious prosecution is a tort.

  2. Malicious prosecution is a crime, while false imprisonment is a tort.

  3. False imprisonment and malicious prosecution are the same thing.

  4. False imprisonment and malicious prosecution are different torts.


Correct Option: D
Explanation:

False imprisonment and malicious prosecution are different torts. False imprisonment is the intentional confinement of a person without lawful authority, while malicious prosecution is the intentional initiation of a criminal prosecution against a person without probable cause.

What are the elements of malicious prosecution?

  1. Intent to prosecute, lack of probable cause, and damages.

  2. Intent to prosecute, lack of probable cause, and causation.

  3. Intent to prosecute, lack of probable cause, and proximate cause.

  4. Intent to prosecute, lack of probable cause, and foreseeability.


Correct Option: A
Explanation:

The elements of malicious prosecution are intent to prosecute, lack of probable cause, and damages. Intent to prosecute means that the defendant acted with the purpose of prosecuting the plaintiff. Lack of probable cause means that the defendant did not have a reasonable belief that the plaintiff had committed a crime. Damages are a monetary award that compensates the plaintiff for the harm they suffered as a result of the malicious prosecution.

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