false imprisonment - Answer-• tort that deals with the wrongful confinement of a plaintiff
• doesn't have to be physical; can be a mere threat
What are the three elements that must be present for false imprisonment to have taken place? - Answer-• intent to confine
• plaintiff must be a...
LEB 320F Exam 2 Questions and
Answers
false imprisonment - Answer-• tort that deals with the wrongful confinement of a plaintiff
• doesn't have to be physical; can be a mere threat
What are the three elements that must be present for false imprisonment to have taken
place? - Answer-• intent to confine
• plaintiff must be aware of confinement
• plaintiff has to be injured
consent to imprison - Answer-• a common legal defense used in false imprisonment
cases
• if someone gives permission to be imprisoned, there is no legal claim that they can
bring to court
In instances of false imprisonment, why must the plaintiff be made aware of the
confinement (in order to have a valid claim against the defendant)? - Answer-• If they
don't know they are being imprisoned, they can't possibly be aware of the injury
What types of injury can be inflicted on victims of false imprisonment? - Answer-•
physical
• psychological
• freedom
True or False: Jails and prisons most commonly get accused of false imprisonment for
confining someone who has not broken a law. - Answer-True
Wal-Mart Stores, Inc. v. Cockrell - Answer-• A customer under suspicion of shoplifting at
a Wal-Mart store was confined by store security
• All three elements of false imprisonment were present, so the victim brought the store
to court
• Wal-Mart did not have a reasonable defense - although they suspected the plaintiff of
stealing, they did not have the legal grounds to strip-search him
• Court ruled in favor of the customer (who was awarded financial damages)
trespassing - Answer-• type of intentional tort which involves being on someone else's
property illegally
• doesn't necessarily require physical damage
What are the three elements of trespassing which must be present in order for the case
to be deemed valid? - Answer-• defendant infringes on plaintiff's property
• infringement is intentional
• physical (actual) entry onto the property
, infringement - Answer-• injury inflicted upon the plaintiff's property rights
defenses for trespassing - Answer-• consent to trespass
• legal right
consent to trespass - Answer-• if you give someone permission to come onto your
property, you cannot then sue them for trespassing
legal right - Answer-• defense for trespassing used in emergency situations, such as
when your house is burning down or your home is being invaded
• emergency vehicles and personnel are entitled to be on the property without
permission
invasion of privacy - Answer-• intentional tort that usually involves a direct violation of
confidentiality
• can include hacking someone's information through a computer, physical stalking, or
any other form of unwanted intrusion
What are the four different categories for invasion of privacy? - Answer-• intrusion
• disclosure of private facts
• false light
• appropriation of name or likeness
intrusion - Answer-• category of privacy invasion that is based on the reasonable person
standard
disclosure of private facts - Answer-• category of privacy invasion that involves revealing
personal information such as medical/financial records, college transcripts, etc.
false light - Answer-• type of privacy invasion which is similar to defamation, but doesn't
require a negative statement
• can be a simple misdescription or wrongful portrayal of a person
appropriation of name or likeness - Answer-• invasion of privacy that occurs when one
garners attention or profits from another person's name and/or reputation without their
consent
defenses to invasion of privacy - Answer-• consent
• emergency
• newsworthiness
intentional infliction of emotional distress - Answer-• causing psychological injury to
someone, usually as an accessory to another tort
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