False Imprisonment
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injuries under a theory of false imprisonment.
Analysis
R: A defendant is liable for false imprisonment if they (1) intend to confine the plaintiff within a limited area, (2) the defendant’s conduct directly causes the confinement, (3) the plaintiff is actually confined within that area, and (4) the plaintiff is either aware of the confinement or suffers harm as a result of it.
1. Intent
R: A defendant’s act was intentional if (1) done with the purpose of causing or (2) knowing with substantial certainty that the confinement would result. The conduct is substantially certain to bring about confinement if it targets (a) a particular victim or (b) someone within a small class of potential victims in a localized area.
a. Transferred Intent
R: Transferred intent exists when (1) a defendant intends to commit false imprisonment against one person but instead commits the intended tort against a different person.
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
2. Causation
R: Causation requires both factual causation and proximate causation.
a. Factual Cause
R: Factual causation exists when, “but for” the defendant’s conduct, the confinement would not have occurred.
A: Here, [apply rule of factual cause to facts].
C: Therefore, this element [is/is not] satisfied.
b. Proximate Cause
R: A defendant who intentionally or recklessly caused confinement is the proximate cause of the confinement if their conduct increased the risk of the confinement occurring. (Thus, intentional or reckless conduct is proximately liable for a broader range of harms than conduct that is only negligent.)
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
3. Confinement
R: Confinement occurs if the defendant confines the plaintiff using at least one of several types.
A: Here, the type of confinement is [get familiar with the confinement types below, and identify the relevant type(s) using the facts].
a. [Identified Confinement Type]
R: [Insert rule for the identified method. See Confinement Types below.]
A: Here, [apply rule to facts].
C: Therefore, this element [is/is not] satisfied.
4. Consciousness
R: The plaintiff must either be conscious of the confinement at the time it occurs, or, if they are unaware of the confinement (e.g., being unconscious), they must suffer harm as a result of it.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
Conclusion
C: Therefore, since all of the elements [are/are not] satisfied, the court will likely find Defendant [is/is not] liable for Plaintiff’s injuries under a theory of false imprisonment.
Confinement Types
Element 3 in the above template requires identifying the type of confinement to determine if the plaintiff was confined. There are six types of confinement, and the rule for each is provided below.
1. Physical Barriers
R: Confinement occurs when the defendant uses physical barriers, such as locking doors or blocking exits, to prevent the plaintiff from leaving a defined area. However, if the plaintiff knows of a reasonable, safe, and unobstructed means of escape, they are not considered confined. The escape route must be readily accessible without risk of harm or indignity.
2. Physical Force or Restraint
R: Confinement occurs if (1) the defendant uses physical force or restraint to prevent the plaintiff from leaving a defined area (e.g., holding, grabbing, or tying the plaintiff) or (2) the wrongful placement of the plaintiff in circumstances where they are reasonably at risk of further physical force, restraint, indignity, or harm or indignity if they attempt to leave.
3. Threats
R: Confinement occurs when the defendant uses threats of (1) immediate physical force or harm to prevent the plaintiff from leaving a defined area. The threat must be (2) sufficiently credible and immediate to instill in the plaintiff a reasonable belief that an attempt to leave would result in physical harm or restraint. Threats can be (3) explicit or implied, and even (4) a threat of harm to third parties can create sufficient fear to constitute confinement.
4. Duress
R: Confinement occurs when the plaintiff agrees to remain in a limited area due to duress caused by the defendant’s conduct, such as threats of harm to the plaintiff’s family, property, or reputation. The duress must override the plaintiff’s free will, making it unreasonable for the plaintiff to leave the confined area. The threat need not be physical—it can be economic or psychological, as long as it is sufficient to prevent a reasonable person from leaving.
5. Legal Authority
R: Confinement occurs when the defendant asserts legal authority to detain the plaintiff, and the plaintiff submits because they reasonably believe (1) they are legally obligated to comply or (2) they fear adverse legal or physical consequences if they do not. Even if the defendant does not have actual legal authority, falsely claiming such authority is sufficient if the plaintiff reasonably believes the claim.
6. Failure to Release
R: Confinement occurs when the defendant fails to release the plaintiff from (1) an existing confinement or (2) fails to provide a means of escape when they have a duty to do so.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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