What is the fundamental difference between false imprisonment and false arrest?

The fundamental difference between false imprisonment and false arrest lies in their definitions and the legal context in which they occur. False imprisonment refers to the unlawful confinement of a person without legal justification, and this can occur even when an actual arrest has not taken place. For instance, if someone is physically restrained or prevented from leaving a space against their will, that constitutes false imprisonment, regardless of whether the authorities were involved.

On the other hand, false arrest is specifically related to the wrongful act of detaining someone under the pretense of legal authority; it is essentially a type of false imprisonment where the detention is presented as an arrest. Because false arrest involves the authority of law enforcement, it carries specific legal implications and often leads to civil lawsuits. Therefore, the correct option accurately captures that false imprisonment can happen without the individual being formally arrested, which distinguishes it from the more narrowly defined false arrest.