Legal Definitions - vi et armis

Vi et armis is a Latin term meaning "by or with force and arms." Historically, this phrase was used in legal pleadings, particularly for trespass, to allege that an offense involved actual violence or a breach of the peace. This allegation was crucial for establishing jurisdiction in the King's Court.

vi et armis

Vi et armis is a Latin phrase that translates to "by or with force and arms." Historically, this term was used in legal documents, particularly in common law, to describe actions that involved direct physical force, violence, or a breach of the peace. While no longer a standard phrase in modern legal pleadings, the concept it represents—an act committed with overt, physical force—remains fundamental to understanding certain types of offenses.

Here are some examples illustrating the concept of vi et armis:

• Example 1: Robbery

  Imagine a scenario where an individual is walking down the street, and another person suddenly shoves them against a wall, threatening them with a knife before taking their phone and wallet. This act of robbery clearly involves the use of "force and arms."

  Explanation: The assailant's actions—shoving the victim and threatening them with a knife—directly demonstrate the "force" and "arms" (the knife) implied by vi et armis. The crime was committed through direct physical coercion and the use of a weapon, rather than by stealth or deception.

• Example 2: Forcible Entry

  Consider a situation where a property owner, frustrated with a tenant who is behind on rent but still legally occupying the premises, breaks down the tenant's door and forcibly removes their belongings. This act, committed without a court order, would be considered a forcible entry.

  Explanation: The property owner's action of breaking down the door and physically removing items constitutes an act "by force." Even though no weapon might have been explicitly used, the direct application of physical power to overcome an obstacle (the door) and assert control over property against the tenant's will aligns with the concept of vi et armis.

• Example 3: Aggravated Assault

  During a heated argument, one person picks up a heavy object, like a metal pipe, and strikes another person, causing serious injury. This would be classified as an aggravated assault.

  Explanation: The use of a metal pipe as a weapon and the direct physical act of striking another person are clear instances of "force and arms." The injury was inflicted through a violent, physical act involving an object used as an arm, embodying the core meaning of vi et armis.