Definition

Noun: - A specific legal term for trespass involving force and arms: "trespass viet armis" is a historical legal term from English common law. It refers to a trespass (an unlawful act causing injury or loss) that was committed "with force and arms" (vi et armis). This type of trespass involved a direct, forcible injury to a person or their property, such as assault, battery, or breaking and entering.

Usage Notes

• This term is archaic and is primarily found in historical legal texts and discussions of common law history. It is not used in modern everyday language or contemporary legal practice.
• It classifies a wrongful act as more serious because it was committed violently and directly.

Examples

• Noun:
  • The old court record listed the charge as trespass viet armis for breaking down the farmer's fence.
  • In medieval law, a physical assault would often be prosecuted as trespass viet armis.

Advanced Usage

• The phrase (the Latin origin) is sometimes used in legal history to describe the nature of an ancient trespass action.
  • The writ was issued for trespass vi et armis contra pacem regis (with force and arms against the king's peace).

Variants and Related Words

• Trespass (n/v): The broader modern term for unlawful entry or encroachment upon property or rights.
• Trespass on the case: Another historical common law action for indirect injuries, contrasted with the direct injury of .
• Battery (n): A modern tort that deals with unlawful physical contact, which would have fallen under .

Synonyms

• Forcible trespass
• Trespass with force

Related Legal Concepts

• Writ of Trespass: The general legal writ from which was a specific category.
• Actionable per se: Refers to a wrong that is legally actionable without the need to prove specific damages; was often considered as such.

Noun

1. trespass with force and arms resulting in injury to another's person or property