Legal Definitions - a force et armes

A force et armes is a legal phrase, originating from Law French, which translates to "with force and arms." It describes an action that was carried out using physical power, violence, or the threat of violence, often implying the use or presence of weapons. Historically, this phrase was used in legal complaints and indictments to emphasize the aggressive, unlawful, and often violent nature of a wrongful act, distinguishing it from actions committed without such overt aggression.

Here are some examples to illustrate this concept:

• Example 1: Unlawful Entry and Damage

  Imagine a scenario where a group of individuals, upset about a business decision, forcibly breaks down the front gate of a corporate office and proceeds to smash several windows with bats. This act would be described as having been committed "a force et armes."

  This illustrates the term because the individuals did not enter peacefully or lawfully. Instead, they used physical force (breaking the gate, smashing windows) and implied the use of weapons (bats) to achieve their destructive goal, demonstrating an aggressive and violent act against property.

• Example 2: Aggressive Confrontation

  Consider a situation where a person, during a heated argument, physically shoves another individual to the ground and then threatens them with a raised fist, preventing them from leaving. This physical assault and intimidation could be characterized as an act "a force et armes."

  This demonstrates the term because the aggressor used direct physical force (shoving) and the threat of further violence (raised fist) to control and harm the other person, signifying an action carried out with aggression and physical power.

• Example 3: Illegal Repossession

  Suppose a creditor, without a court order, enters a debtor's property by cutting a lock and then removes valuable equipment, while also brandishing a tool in a threatening manner when confronted by the debtor. This act of repossession would be considered "a force et armes."

  This example fits the definition because the creditor used physical force (cutting a lock) to gain unauthorized entry and then displayed a potential weapon (brandishing a tool) in a threatening way to complete an unlawful seizure of property, rather than following legal procedures.