Bar Exam (US) Torts: Missy Meese was a recent graduate of Columbia Law School in New York. After...

Question

Missy Meese was a recent graduate of Columbia Law School in New York. After graduation, Missy moved to Los Angeles, where she had been off ered a position in the entertainment law firm of Smack, Downer and Weed. When she moved to Los Angeles, Missy was told that her job was contingent on passing the California bar examination, which was being offered in July. In preparing for the bar examination, Missy enrolled in BRA (Bar Review of America). During her bar review preparation, she had heard about PMBR's supplemental Multistate workshop. Although she had not preenrolled in PMBR, Missy planned to attend the weekend workshop and pay for the course at registration. The PMBR seminar was scheduled for the weekend of July 18, 19 and 20 at the Bonaventure Hotel. Students were advised that registration on the first day of the seminar was to be held between 8:00 A.M. and 9:00 A.M.

On the morning of July 18, Missy arrived late at the PMBR seminar after getting stuck in freeway traffic. By the time Missy got to the hotel, registration for the course had already been completed. When Missy looked into the room where the seminar was being conducted, she saw the PMBR lecture had begun and everyone was inside busily taking notes. Panicky, Missy picked up a set of course materials that were lying on the registration table and entered the seminar without paying. Although Missy intended to pay the $750 enrollment fee, no one was at the registration table to take her money. After attending the weekend seminar, Missy sent PMBR a cashier's check for $750 on Monday morning.

Unknown to Missy, PMBR's regional director, Dean Chance, noticed that she had entered the seminar without paying. After ascertaining her identity from a fellow student who knew Missy, PMBR filed a complaint with the local prosecutor, and a warrant was issued for her arrest. The complaint charged Missy with the crime of larceny by trick, for deliberately failing to pay for services rendered. After the complaint was issued, Missy's check arrived at PMBR's office on Wednesday morning. PMBR deposited the check but failed to inform the prosecutor that payment had been received. On Friday, Missy was arrested and held in custody overnight before the matter was resolved.

Missy suffered severe emotional distress at the publicity she received in the local newspapers and the humiliation she sustained for being arrested and held in police custody. Terribly upset, Missy was unable to take the bar exam and, thus, lost her job at Smack, Downer and Weed.

If Missy asserts a claim for false imprisonment against the arresting officers, will Missy prevail?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Yes, because Missy had not committed a crime at the time she was arrested.
  2. B
    Correct Answer
    Yes, because Missy was arrested and held in custody overnight.
  3. C
    Correct Answer
    No, because Missy was arrested and held in custody under an arrest warrant.
  4. D
    Correct Answer
    No, because PMBR honestly believed that Missy had defrauded it when it filed its complaint.
0 users answered this question.

Explanation

Try a similar question!
Practice One More

Sorry

Don't know? See answer. Members onlySign up for free to see the answer! Don't know? See answer.
This question does not have an explanation yet.
Or practice a similar question Practice 1 More Question
Try a similar question!
Published on by Kaplan Test Prep
Premium
Favorite

Assign this pod Create New Group You don't have any group to choose from yet. Create your first one!

This pod belongs to a paid product. Group members who receive this pod as an assignment will be asked to purchase the product.
You don't have any group to choose from yet. Create your first one!
1 0 1 Choose a group or create a new one.
1 Name this group.
/ chars.
0 1 2 2 Add your students' emails.

Invite students by entering their email addresses below or distributing the 6-digit alphanumeric Group Code shown after the group is created.

You can enter multiple email addresses separated by commas or new lines.
You can enter multiple email addresses separated by commas or new lines.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

Assignment will be sent to

  • x
0 2 3 Name this group.
/ chars.

The email address belongs to you. You cannot add yourself as a group member. You can preview the assignment email by clicking on the "Send Test Email to Yourself" button below.

This group does not have any members. Add new members.

Assignment will be sent to will be added to your group.

  • x
  • x

not joined this group yet.

2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.
2 3 4 Preview and assign. A test email has been sent to you. Please check your inbox.
This assignment will be emailed to your students once they join the group via their group invites.
You already assigned this pod to this group.

You have assigned this pod to successfully!

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

To receive each student's results by email, please instruct your students to click on "End Practice" once they have completed the pod.

You have created new group

Using their dashboards,students can also enter the Group Code to join this group. This Code expires on .

Share
Add to Draft Pod
You can only add questions to pods that have not been published yet. Add to a new draft pod.
Create New Draft Pod

Title*

Description

Sorry

There was an error creating this pod. Please try again later.

Resend Pending Invites

Pending invites can be resent once per day.

You are resending an invites to students:

    Invites Resent

    You have reinvited students successfully!

    Resend Pending Invites

    Sorry, something went wrong. Try again later, or contact us at info@learningpod.com

    Do you really want to retake this pod?

    This will delete your current answer choices and practice results. If you received this pod as an assignment, your teacher will be notified of the retake.