trespass viet armis
Học thuậtThân thiện
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
- trespass with force and arms resulting in injury to another's person or property