False Imprisonment Confinement Essay

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III. Case Synthesis in a Legal Analysis of a Single Legal Issue Occasionally, a single case will provide all of the authority you need to resolve a legal question. More frequently, however, you will need to use more than one case to analyze that question. The following example is an analysis of one part of a false imprisonment case brought by Alma Kingsford against her former employers. Alma Kingsford claims that her employers summoned her to an office where one of them blocked the exit by standing in front of the door. They then proceeded to threaten and shout at her in an effort to force her to resign from their firm and forego severance pay. The requirements of this tort (in other words, the full legal issue) are that: 1) the defendant must actually have confined the plaintiff; 2) the defendant intended to confine the plaintiff, and 3) the plaintiff was aware of or harmed by the confinement. This discussion below is an analysis of only the first element: actual confinement. In examining your cases on the element of confinement, you will discover that confinement can be brought about in any one of five different ways. Kingsford’s argument is that the defendant confined her in a room to question her by threatening to use physical force if she left the room. Your focus should therefore be on those cases that show confinement by threat of physical force. Your discussion of confinement by threat of physical force must make sense of all the different factual situations which courts have held establish that requirement. In other words, you must synthesize the cases your research has turned up by articulating the factors that make analytic sense of decisions involving diverse fact patterns. In this false imprisonment problem, your case synthesis will reveal that a threat of physical force can be established by a defendant’s actions or size advantage.

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