Legal Definitions - via facti

via facti

This Latin term refers to an action taken directly by force or physical means, rather than through proper legal channels or established procedures. It describes a situation where someone relies on direct physical power or action to achieve an outcome, bypassing the formal legal process.

• Example 1: Unlawful Eviction

  Consider a landlord who believes a tenant has violated their lease agreement. Instead of filing an eviction lawsuit in court and obtaining a judge's order, the landlord simply changes the locks on the apartment door while the tenant is away, preventing them from re-entering their home.

  This action is taken via facti because the landlord used direct physical force (changing locks) to remove the tenant, rather than following the legally mandated eviction process, which requires court involvement and official procedures.

• Example 2: Self-Help Repossession of Property

  Imagine a situation where someone lends a valuable piece of equipment to a business partner. When the partner fails to return the equipment as agreed, the original owner goes to the partner's workshop and physically takes the equipment back without the partner's consent or a court order.

  This constitutes an action via facti because the owner resorted to direct physical retrieval of the item, bypassing any legal claim or court process that would formally establish their right to possession and compel its return.

• Example 3: Unauthorized Demolition by a Municipality

  A city government identifies an old, dilapidated building that it deems an eyesore. Without obtaining a demolition order from a court, providing the property owner with a hearing, or following any due process, the city sends a crew to immediately tear down the structure.

  This is an action via facti because the city used direct physical force (demolition) to achieve its objective, circumventing the legal requirement for due process, such as obtaining a court order or allowing the owner to present their case against the demolition.