Legal Definitions - via actionis

Via actionis is a historical legal term derived from Latin, meaning "by way of an action." It refers to the method of pursuing a legal right, enforcing a claim, or seeking a remedy through the formal initiation of a lawsuit or legal proceeding in a court of law.

This term emphasizes that legal disputes or claims were resolved not through self-help or informal means, but through the structured, official process of bringing a case before a judicial authority.

• Example 1: Recovering Stolen Property in Feudal Times

  Imagine a medieval lord whose valuable horse was stolen. Instead of simply sending his knights to forcibly retrieve the horse from the suspected thief, the lord would have to formally accuse the individual in a manorial court or a royal court. He would present his case, and the court would then adjudicate the matter, potentially ordering the return of the horse and imposing penalties. This entire process of bringing a formal accusation and seeking a judgment from the court was pursuing his claim via actionis.

• Example 2: Enforcing a Contract in Early Common Law

  Consider a situation in 17th-century England where two merchants had a written agreement for the sale of goods, but one merchant failed to deliver as promised. The aggrieved merchant could not simply seize goods of equivalent value from the defaulting party. Instead, they would need to initiate a specific legal action, such as a "writ of covenant" or "writ of assumpsit," to bring the matter before the King's Bench or Court of Common Pleas. This formal legal challenge to compel the other party to fulfill their contractual obligations was undertaken via actionis.

• Example 3: Challenging a Land Grant in Colonial America

  Suppose a colonial settler believed that a neighboring land grant issued by the crown overlapped with their own established property, thereby infringing on their rights. Rather than engaging in a physical confrontation or attempting to unilaterally redraw boundaries, the settler would have to file a formal petition or lawsuit in the colonial courts. This legal action would seek a judicial review of the land grants and a determination of the rightful boundaries. This method of resolving the land dispute through a formal court case was pursuing the claim via actionis.