Legal Definitions - vis illicita

Vis illicita is a Latin legal term that translates directly to unlawful force.

It refers to any application of physical power or violence that is not legally justified or authorized. This means force used without a legal right, permission, or necessity, distinguishing it from force that might be permissible under specific circumstances, such as legitimate self-defense or the lawful actions of law enforcement.

Here are some examples to illustrate the concept of vis illicita:

• Example 1: Assault and Battery

  Imagine two individuals having a verbal argument in a public park. One person, becoming enraged, suddenly pushes the other person to the ground, causing them to scrape their knee. This act of pushing constitutes vis illicita because it was an application of physical force that was not legally justified. The person who pushed had no legal right to use force against the other, as it was not in self-defense nor authorized by law.

• Example 2: Unlawful Eviction

  Consider a landlord who, without obtaining a court order or following proper legal eviction procedures, changes the locks on a tenant's apartment door and removes their belongings because the rent is a few days late. The landlord's actions, involving the physical act of changing locks and seizing property, represent vis illicita. The force used to exclude the tenant and take their possessions was unlawful because it bypassed the legally mandated process for eviction.

• Example 3: Excessive Force by Authority

  Suppose a security guard at a retail store physically restrains a shopper who is merely browsing, without any reasonable suspicion of shoplifting or any other unlawful activity. The security guard's use of physical force to detain the shopper, in this scenario, would be considered vis illicita. Even though security guards have some authority, their use of force must be legally justified. If there was no legal basis for the detention, then the force applied becomes unlawful.