Force

[p]ower, violence, or pressure directed against a person or thing," Black's Law Dictionary 656 (7th ed. 1999), or "unlawful violence threatened or committed against persons or property," Random House Dictionary of the English Language 748 (2d ed. 1987).

Restraining power; validity; binding effect. A law may be said to be in force when it is not repealed, or, more loosely, when it can be carried into practical effect._ An iigreement is in force when the parties to it may be compelled to act, or are acting, under its terms and stipulations. Actual force is where strength is actually applied, or the means of applying it are at hand. The display of power to injure sufficient to put in bodily fear is force. 5 Blatchf. (U. S.) 18; 2 Whart. Crim. Law, 1698. Implied force is that which is implied by law from the commission of an unlawful act. Every trespass quare elausum fregit is committed with implied force. 1 Salk. 641; Co. Litt. 57b, 161b, 162a; 1 Saund. 81, 140, note 4; 5 Term R. 361; 8 Term R. 78, 358; Bac. Abr. "Trespass;" 3 Wils. 18; Fitzh. Nat. Brev. 890; 6 East, 387; 5 Bos. & P. 365, 454. Mere nonfeasance cannot be considered as force, generally. 2 Saund. 47; Co. Litt. 161; Bouv. Inst. Index.

Restraining power; validity; binding effect. A law may be said to be la force when it is not repealed, or, more loosely, when It can be carried Into practical effect. An agreement Is In force when the parties to it may be compelled to act, or are acting, under its terms and stipulations. Strength applied. Active power. Power put in motion. Actual force is where strength is actually applied or the means of applying it are at See 2 Salk. 641; 8 Term 78, 357. See Bat-

Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word ocours in such connections as to show that unlawful or wrong-fni action is meant. Watson v. Railway Co., 7 Misc. Rep. 562, 28 N. Y. Supp. 84; Plank Road Co. v. Robbins, 22 Barb. (N. Y.) 667. Uniawful violence. It is either simple, as entering upon another's possession, without doing any other unlawful act; compound, when seme other violence is committed, which of itself alone is criminal; or implied, as in every trespass, resous, or disseisin. Power statically considered; that is at rest, or latent, but capable of being called into activity upon occasion for its exercise. Efficacy; legal validity. This is the meaning when we say that a statute or a contract is "in force."

In old English law. A technical term applied to a spectes of accessary before the fact.

In Scotch law. Coercion; duress. Bell.

— Force and arms. A phrase used in declarations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. Pi. 846, 850.

— Force and fear, calied also "vi metuque,". that any contract or act extorted under the pressure of force (ins) or under the influence of fear (metus) is voidable on that ground, provided, of course, that the force or the fear was such as influenced the party. Brown.

— Forces. The military and naval power of the country.

Efficacy; power in law to bind; strength; compulsory power; mere strength or power exercised without law, or contrary to law; violence. Force and arms: a phrase in the old law of trespass and disseisin, importing that the act was committed by multitude of people, with arms or weapons of offense; also anciently a necessary phrase in pleading, and still used in declarations for trespass in criminal indictments.

In Scots law. Coercion; duress.

Power dynamically considered, end. Usually the word occurs in such connections as to show that unluwful or wrongful action is meant, Unlawful violence. It is either simple, as entering upon another’s possession, without doing any other unlawful aet; compound, when some other violence is committed, which of itself alone is criminal; or implied, ag in every trespass, rescous, or disseisin. Power statically considered; that is, at rest, or latent, but capable of being called into activity upon occasion for its exercise. Efficacy; legal validity. This is the meaning when we say that a statute or a contract is “in force.” In old English law. A technical term applied to a species of accessary before the fact.

In Seotch law. Cvercion; duress. Bell.

< 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."

Fr. & Bng. [L. Lat./oreia,fartia; Lat. tn>.] Strength; compulsory power; mere strength or power exercised without law, or contrary to law; violence.*