A crime that tends to disturb the peace. • The common-law offenses of this type were riot, unlawful assembly, dueling, rout, affray, forcible entry and detainer, and libel on a private person. [Cases: Breach of the Peace 1–14. C.J.S. Breach of the Peace §§ 2–13; Domestic Abuse and Violence§§ 3, 6.]
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prohibition. 1. A law or order that forbids a certain action. 2. An extraordinary writ issued by an appellate court to prevent a lower court from exceeding its jurisdiction or to prevent a nonjudicial officer or entity from exercising a power. — Also termed (in sense 2) writ of prohibition; (in Scots law) inhibition. Cf.
lucri causa (loo-krIkaw-z[schwa]). [Latin] For the sake of gain. • Lucri causa was formerly an essential element of larceny, but today the thief’s intent to deprive the possessor of property is generally sufficient. See LARCENY. “ ‘Lucri causa’ literally means for the sake of gain. On rare occasions the suggestion has been made that no
terrorism, n. The use or threat of violence to intimidate or cause panic, esp. as a means of affecting political conduct. See 18 USCA § 2331. See also terroristic threat under THREAT; terrorism insurance under INSURANCE. [Cases: Extortion and Threats 25. C.J.S. Threats and Unlawful Communications §§ 2–20.] — terrorist, adj. & n. cyberterrorism. Terrorism
affray ([schwa]-fray). The fighting, by mutual consent, of two or more persons in some public place, to the terror of onlookers. • The fighting must be mutual. If one person unlawfully attacks another who resorts to self-defense, the first is guilty of assault and battery, but there is no affray. — Also termed fray. Cf.
de averiis replegiandis (dee [schwa]-veer-ee-is ri-plee-jee-an-dis), n. [Law Latin “of replevying beasts”] Hist. A writ ordering a sheriff to replevy someone’s beasts or chattels that had been unlawfully taken and detained. • This is the old writ of replevin. — Also termed de replegiore de averiis.
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de averiis captis in withernamium (dee [schwa]-veer-ee-is kap-tis in with-[ schwa]r-nay-mee-[schwa]m), n. [Law Latin “for taking cattle in withernam”] Hist. A writ directing a sheriff to detain a defendant’s cattle because the defendant had unlawfully taken the plaintiff’s cattle out of the county. • The defendant’s cattle would be detained until the sheriff could replevy
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encroach, vb. 1. To enter by gradual steps or stealth into the possessions or rights of another; to trespass or intrude. 2. To gain or intrude unlawfully upon another’s lands, property, or authority. — Formerly also spelled incroach.
incendiary (in-sen-dee-er-ee), n. 1. One who deliberately and unlawfully sets fire to property. — Also termed arsonist; firebug. 2. An instrument (such as a bomb) or chemical agent designed to start a fire. — incendiary, adj.