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Trespass
TrespassTorts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible. RELATED TERMS-------------------------------------- Unlawful That which is contrary to law. Violence The abuse of force. Theorie des Lois Criminelles. That force which is employed against common right, against the laws, and against public liberty Person This word is applied to men, women and children, who are called natural persons. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Relative One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense, having relation or connexion with some other person or thing; as relative rights, relative powers. Felony In some US states, any serious crime for which the possible maximum sentence is more than one year in prison. (Probation can be an alternative to prison in most felony crimes.) Common marriage law. a marriage in which no formal ceremony took place and no license exists. General 1) A principal officer, particularly in the army. 2) Something opposed to special; as, a general verdict, the general issue, which expressions are used in contradistinction to special verdict, special issue. 3) Principal, as the general post office. 4) Not select, as a general ship. 5) Not particular, as a general custom. 5) Not limited, as general jurisdiction. 7) This word is sometimes annexed or prefixed to other words to express or limit the extent of their signification; as Attorney General, Solicitor General, the General Assembly. Subject 1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Trespass Torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a tres-pass, in common parlance, such acts are not in general considered as tres-passes, yet they subject the offender to an action of trespass after his conviction or acquittal. 2) Remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the plaintiff, with immediate force; as an assault and battery against the person; an unlawful entry into his, land, and an unlawful injury with direct force to his personal property. It does not lie for a mere non-feasance, nor when the matter affected was not tangible. Conviction The formal decision of a criminal trial which finds the accused guilty. It is the finding of a judge or jury, on behalf of the state, that a person has, beyond reasonable doubt, committed the crime for which he, or she, has been accused. It is the ultimate goal of the prosecution and the result resisted by the defense. Once convicted, an accused may then be sentenced. Acquittal 1) Contracts. A release or discharge from an obligation orengagement. 2) Crim. law practice. The absolution of a party charged with a crime or misdemeanor. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Recovery A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. Damages A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort. Wrong An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. Plaintiff The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Immediate That which is produced directly by the act to which it is ascribed, without the intervention or agency of any distinct intermediate cause. Assault The touching of another person with an intent to harm, without that person's consent. Battery Latin batuere, to beat. The unlawful beating of another. Any unlawful touching of person of another, either by the agressor or by any person or thing set in motion by him. The least touching of another's person willfully, or in anger, is a battery. The law cannot draw the line between different degrees of violence, and therefore prohibits the first and lowest stage of it - every man's person being sacred and no other having a right to meddle with it in the slightest manner. Entry 1) Criminal law. The unlawful breaking into a house, in order to commit a crime. 2) Estates, rights. The taking possession of lands by the legal owner. 3) Commercial law. The act of setting down the particulars of a sale, or other transaction, in a merchant's or tradesman's accouut books; such entries are, in general, prima facie evidence of the sale and delivery, and of work, done. Injury Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress. Direct Straight forward; not collateral. Personal Belonging to the person. Mere This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb. When 1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent. Matter Some substantial or essential thing, opposed to form; facts. SIMILAR TERMS-------------------------------------- Tresaile Tresaile or tresayle. Domestic relations. The grandfather's grandfather. Trespass de bonis asportatis Practice. The action brought by the owner of goods for unlawfully taking and carrying them away, is so called. This action will lie for taking away another's goods, even though he should return them, because by such taking he has deprived the owner of his right to enjoy them. Trespass on the case Practice. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only consequential. Trespass quare clausum fregit Practice. This is the name of a remedy which lies to recover damages when the defendant has unlawfully and wrongfully trespassed upon the real estate of the plaintiff. Trespass vi et armis Practice. This is the remedy brought by the plaintiff for an immediate injury committed with force. It is distinguished from an action of trespass on the case, in this, that in the latter the injury is consequential, and not committed with direct force. PREVIOUS AND NEXT TERMS-------------------------------------- Treble damages Remedies. In actions arising ex contractu some statutes give treble damages; and these statutes have been liberally construed to mean actually treble damages; for example, if the jury give twenty dollars damages for a forcible entry the court will award forty dollars more, so as to make the total amount of damages sixty dollars. Trebucket The name of an engine of punishment, said to be synonymous with tumbrel. Tree A woody plant, which in respect of thickness and height grows greater than any other plant. Trepasser One who couimits a trespass. Tresaile Tresaile or tresayle. Domestic relations. The grandfather's grandfather. Trespass Trespass de bonis asportatis Practice. The action brought by the owner of goods for unlawfully taking and carrying them away, is so called. This action will lie for taking away another's goods, even though he should return them, because by such taking he has deprived the owner of his right to enjoy them. Trespass on the case Practice. The technical name of an action, instituted for the recovery of damages caused by an injury unaccompanied with force, or where the damages sustained are only consequential. Trespass quare clausum fregit Practice. This is the name of a remedy which lies to recover damages when the defendant has unlawfully and wrongfully trespassed upon the real estate of the plaintiff. Trespass vi et armis Practice. This is the remedy brought by the plaintiff for an immediate injury committed with force. It is distinguished from an action of trespass on the case, in this, that in the latter the injury is consequential, and not committed with direct force. Tret Weights and measures. An allowance made for the water or We thank you for using the Juridical Dictionary to search for Trespass. If you have a better definition for Trespass than the one presented here, please let us know by making use of the suggest a term option. This definition of Trespass may be disputed by other professionals. 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