Force
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
< Compai-e Vigor; Vis. Strength; power.
1.
Strength applied or exerted; power in action or motion; active power; compulsion; resistance; also, unlawful violence, — violence, q.
V.
Actual force
Force applied in point of fact.
Lnplied force
Force inferred from the doing of an unlawful act.
See Battery; Case, 3; Kidnaping; Rape; Robbery. Enforce.
To constrain, or compel; to give effect to: as, to enforce an order of court; Congress may enforce constitutional prohibitions by appropriate legislation; to enforce a contract. Power to enforce the collection of a fine impliespower to give a receipt which will discharge the party.* Enforcement Act of 1870.
See Right, 3, Civil (3).
Force and arms. Charges violence in declarations and indictments for trespasses; as, in trespass for entering a close."
See Hand, 3; Trespass.
Force and fear. Is ground for' annulling a contract, when the fear would affect a mind of ordinary firmness. See Duress. ' Goodman v. Simonds, 20 How. 370 (1857), cases. ' [Dry Dock Bank v. American Life Ins., &c. Co., 3 N. Y. 355 (1850). ' Howe V. Taggart, 133 Mass. 287 (1882), cases. * F. force; L. fortis, strong, powerful. Force to force. Resistance to unlawful violence, — allowed to the extent of the violence. See Assault; Battery; Defense, 1.
Irresistible force
— Human agency in its nature and power absolutely uncontrollable, i See Accident; Act, 1, Of God; Carrier, Common; Enemy, Public. roreed; forcible; forcibly. (1) Against the will or consent: as, a forcible abduction, dispossession, entry and detainer, sale, qq. v. (2) Against the will and under express protest: as, a forced payment, q. v. " Forcibly " doing an act is merely doing the act with force." ** Violently " may not be equivalent to " by force," in an indictment for rape.* All civil injuries are either without force or violence, as in cases of slander and breach of contract;
— or else are coupled with force and violence, as iu cases of battery and false imprisonment.* The government of the United States may, by means of physical force, exerted through its official agents, execute on every foot of American soil the powers and functions that belong to it.
This power does not derogate from a State the right to execute Its laws at the same time and place. The one does not exclude the other, except where both cannot be exercised at the same time; then the Federal authority prevails.* See War. (3) Arrived at by violence done to language; strained; unnatural: as, a forced construction, q. v. 3. Power to persuade or convince, or impose an obligation; legal effect or operation; binding effect; validity; efficacy. See Void. By force of. By virtue of; by reason of; in consequence of."