英文法律词典 F-5

FALSE Not true; as, false pretences²; unjust, unlawful, as, false imprisonment³. This his word, is frequently used in composition.

FALSE IMPRISONMENT. torts. Any intentional⁴ detention⁵ of the person of another not authorized⁶ by law, is false imprisonment. 1 Bald. 571; 9 N. H. Rep. 491; 2 Brev. R. 157. 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. 1 Chit. Pr. 48; 5 Verm. 588; 3 Blackf. 46; 3 Wend. 350 5 Wend. 298; 9 John. 117; 1 A. K. Marsh⁷. 845; Kirby, 65; Hardin 249.

2. The remedy is, in order to be restored to liberty, by writ⁸ of habeas corpus, and to recover damages for the injury, by action of trespass⁹ vi et armis. To punish the wrong done to the public, by the false imprisonment of an individual, the offender¹⁰ may be indicted¹¹. 4 Bl. Com. 218, 219; 2 Burr. 993. Vide Bac. Ab. Trespass, D 3 Dane's Ab. Index, h. t. Vide 9 N. H. Rep. 491; 2 Brev. R. 157; Malicious¹² Prosecution¹³; Regular and Irregular Process.

FALSE JUDGMENT¹⁴, Eng. law. The name of a writ which lies when a false judgment has been given in the county court, court baron¹⁵, or other courts not of record. F. N. B. 17, 18 3 Bouv. Inst. n. 3364.

FALSE PRETENCES, criminal law. False representations and statements, made with a fraudulent design, to obtain " money, goods, wares¹⁶, and merchandise-" with intent to cheat. 2 Bouv. Inst. n. 2308.

2. This subject may be considered under the following heads:. 1. The nature. of the false pretence¹. 2. What must be obtained. 3. The intent.

3. - 1. When the false pretence is such as to impose upon a person of ordinary caution, it will doubtless be sufficient. 11 Wend. R. 557. But although it may be difficult to restrain false pretences to such as an ordinarily prudent¹⁷ man may avoid, yet it is not every absurd or irrational¹⁸ pretence which will be sufficient. 2 East, P. C. 828. It is not necessary that all the pretences should be false, if one of them, per se, is sufficient to constitute the offence. 14 Wend. 547. And although other circumstances may have induced the credit, or the delivery of the property, yet it will be sufficient if the false pretences had such an influence that, without them, the credit would not have been given, or the property delivered. 11 Wend. R. 557; 14 Wend. R. 547; 13 Wend. Rep. 87. The false pretences must have been used before the contract was completed. 14 Wend. Rep. 546; 13 Wend. Rep. 311. In North Carolina, the cheat must be effected by means of some token or contrivance adapted to impose on an ordinary mind. 3 Hawks¹⁹, R. 620; 4 Pick. R. 178.

4. - 2. The wording of the statutes²¹ of the several states on this subject is not the same, as to the acts which are indictable. In Pennsylvania, the words of the act are, "every person who, with intent to cheat or defraud²² another, shall designedly, by color of any false token or writing, or by any false pretence whatever, obtain from any person any money, personal property or other valuable, things," &c. In Massachusetts, the intent must be to obtain "money, goods, wares, merchandise, or other things." Stat. of 1815, c. 136. In New York, the words are "money, goods, or chattels²³, or other effects." Under this statute²⁰ it has been holden that obtaining a signature to a note; 13 Wend. R. 87; or an endorsement²⁴ on a promissory note; 9 Wend. Rep. 190; fell within the spirit of the statute; and that where credit was obtained by false pretence, it was also within the statute. 12 John. R. 292.

5. - 3. There must be an intent to cheat or defraud same person. Russ. & Ry. 317; 1 Stark²⁵. Rep. 396. This may be inferred from a false representation. 13 Wend. R. 87. The intent is all that is requisite²⁶; it is not necessary that the party defrauded²⁷ should sustain any loss. 11 Wend. R. 18; 1 Carr. & Marsh. 516, 537.