false imprisonment
unjust imprisonment of an individual (criminal offense) | ||||
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False imprisonment definition was found in categories: Language, Idioms & Slang(2) Law(2) Encyclopedia(1)
False imprisonment Definition from Language, Idioms & Slang Dictionaries & Glossaries
| WordNet 2.0 |
false imprisonment
Noun
1. (law) confinement without legal authority
(hypernym) imprisonment, internment
(classification) law, jurisprudence
Noun
1. (law) confinement without legal authority
(hypernym) imprisonment, internment
(classification) law, jurisprudence
| hEnglish - advanced version |
false imprisonment
false imprisonment
n : (law) confinement without legal authority
false imprisonment
(law), the arrest and imprisonment of a person without warrant or cause, or contrary to law; or the unlawful detaining of a person in custody...
see false
false imprisonment
n : (law) confinement without legal authority
false imprisonment
(law), the arrest and imprisonment of a person without warrant or cause, or contrary to law; or the unlawful detaining of a person in custody...
see false
False imprisonment Definition from Law Dictionaries & Glossaries
| The 'Lectric Law Library |
False Imprisonment
Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without any process whatever, or under color of process wholly illegal, without regard to the question whether any crime has been committed or a debt due.
The remedy is an order to be restored to liberty by writ of habeas corpus and to recover damages for the injury by action of trespass. To punish the wrong done to the public by the false imprisonment of an individual, the offender may be indicted.
Under California law, false imprisonment is the 'nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.' Fermino v. Fedco, Inc., 872 P.2d 559, 567 (Cal.'94) (quoting Molko v. Holy Spirit Ass'n, 762 P.2d 46, 63 (Cal.'88)). A false imprisonment action may also be maintained if 'the defendant unlawfully detains the [plaintiff] for an unreasonable period of time' after an otherwise legal seizure or arrest. Lincoln v. Grazer, 329 P.2d 928, 30 (Cal.Ct.App.'58). Once the plaintiff has proven the elements of the tort, the defendant has the burden to establish that the detention or arrest was legally justified. See Cervantes v. J.C. Penney Co., 595 P.2d 975, 982 (Cal.'79).
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without any process whatever, or under color of process wholly illegal, without regard to the question whether any crime has been committed or a debt due.
The remedy is an order to be restored to liberty by writ of habeas corpus and to recover damages for the injury by action of trespass. To punish the wrong done to the public by the false imprisonment of an individual, the offender may be indicted.
Under California law, false imprisonment is the 'nonconsensual, intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short.' Fermino v. Fedco, Inc., 872 P.2d 559, 567 (Cal.'94) (quoting Molko v. Holy Spirit Ass'n, 762 P.2d 46, 63 (Cal.'88)). A false imprisonment action may also be maintained if 'the defendant unlawfully detains the [plaintiff] for an unreasonable period of time' after an otherwise legal seizure or arrest. Lincoln v. Grazer, 329 P.2d 928, 30 (Cal.Ct.App.'58). Once the plaintiff has proven the elements of the tort, the defendant has the burden to establish that the detention or arrest was legally justified. See Cervantes v. J.C. Penney Co., 595 P.2d 975, 982 (Cal.'79).
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.
| Law Dictionary |
False imprisonment
As a tort, the intentional, unjustified detention orconfinement of a person. Where the restraint is imposed by virtue of oneclaiming legal authority to do so and an arrest occurs, it will be a falsearrest as well as a false imprisonment.
As a tort, the intentional, unjustified detention orconfinement of a person. Where the restraint is imposed by virtue of oneclaiming legal authority to do so and an arrest occurs, it will be a falsearrest as well as a false imprisonment.
False imprisonment Definition from Encyclopedia Dictionaries & Glossaries