False Imprisonment & Trespass to Land

Flashcards covering key concepts and vocabulary related to False Imprisonment and Trespass to Land.

False Imprisonment

The intentional, unlawful, and unconsented restraint of the physical liberty of another within a bounded area.

Elements of False Imprisonment

Intent, Confinement/Restraint, Unlawful/Unconsented, Awareness/Harm.

Intent (False Imprisonment)

The defendant must intend to confine the plaintiff or have substantial certainty that confinement will occur.

Reasonable Escape Rule

Confinement is negated if there is a reasonable and reasonably discoverable means of escape.

Trespass to Land

The intentional and unauthorized physical entry of a person or tangible object onto the real property of another.

Elements of Trespass to Land

Intent, Physical Entry/Invasion, Possession.

Mistake of Ownership

A legal principle stating that believing land ownership does not exempt one from liability for trespass.

Directed Verdict

A ruling by a judge before jury deliberation, due to overwhelmingly one-sided evidence.

Adverse Possession

A doctrine where a trespasser gains legal title to land after long-term occupation.

Damnum Absque Injuria

Loss or damage without a legal 'injury' that gives rise to a claim.

Nuisance vs. Trespass

Nuisance concerns use and enjoyment, while trespass protects exclusive possession.

Key Case: Herbst v. Wuennenberg

Established that passive standing without testing a barrier does not constitute confinement.

Exclusive Possession

The legal right to exclude all others from the property.

Unreasonable Escape

An escape route considered unreasonable if it involves danger, loss of dignity, or significant hardship.

Physical Barriers

Locking a door or blocking the only exit to effect confinement.

Threat of Force

Words or acts indicating immediate application of force if the person attempts to leave.

Duress

Threatening the plaintiff’s property or family to effectuate confinement.