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Sample Essay Question

Sally is running from a crime scene. Harry is in his car waiting at a stoplight. Sally approaches Harry’s car, points a gun at him and orders him to get into the passenger seat. Harry complies, not knowing that the gun was not loaded. Sally drives away in his car, speeding at 90 miles an hour. At all times the doors of the car remain unlocked. Five minutes later, Sally slows to 20 miles an hour and pushes Harry out of the car. Harry suffers cuts and bruises, but is otherwise okay. WHAT CLAIMS MAY HARRY HAVE AGAINST SALLY? WHAT ARE SALLY’S POTENTIAL DEFENSES? WHAT IS THE LIKELY OUTCOME?

Sample Essay Answer

Harry has claims against Sally for assault, false imprisonment, conversion and battery.

Assault is an intentional attempt or threat to cause a harmful or offensive contact with another person, if the attempt causes a reasonable apprehension of imminent battery in the other person’s mind. By pointing her gun at Harry, Sally caused Harry to believe that Sally would shoot him if he didn’t comply with her orders. This belief was reasonable because most people would fear being shot under these circumstances. Sally may argue that because the gun was not loaded, Harry could not reasonably fear that he would be shot, but this argument is not likely to prevail because Harry did not know that the gun was not loaded.

False imprisonment is the intentional confinement of another for an appreciable time without his consent. When Sally drove off with Harry in the car, she intentionally confined him in the automobile. Five minutes is a sufficient amount of time to constitute false imprisonment. Sally may argue that Harry consented to his confinement by moving to the passenger seat and letting Sally get into the car. However, Harry did so under duress. He did not freely consent to being confined in the car with Sally. Sally may also argue that since the car doors were not locked, Harry had a means of escape and his confinement was not complete. However, since Sally was driving the car at 90 miles per hour, it would present an unreasonable risk of harm for Harry to jump out.

Conversion is the intentional exercise of dominion or control over the plaintiff’s personal property without the plaintiff’s consent. When Sally took Harry’s car, she committed conversion. Sally may argue that Harry consented to her taking his car, however, as discussed above, Harry did so only under duress.

Battery is the intentional and harmful touching of another without the person’s consent. When Sally pushed Harry out of the car, she intentionally touched him harmfully because it produced bodily injury.

Harry will be likely to prevail in all of his claims against Sally.