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MBE Prep Guide Sample Test Question:

Torts Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

ANSWER: Answer is B, No, Kelly was drunk and asleep, and therefore did not know she was locked in the room. Parvi v. City of Kingston. A defendant is not liable for false imprisonment when the plaintiff was not aware of the confinement at the time it occurred. A is incorrect because even if she may have had a reasonable means for escape, Kelly was still unaware that she was being imprisoned. C is incorrect because the fact that she did not remember does not mean she was not aware at the time, and whether she was aware at the time is what matters. D is incorrect because an element of false imprisonment (that the victim is aware of the confinement) is missing.

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