Search Results for: RESPA

enormia

enormia (i-nor-mee-[schwa]), n. [Latin] Common-law pleading. Unlawful or wrongful acts; wrongs. • This word, esp. as part of the phrase et alia enormia (“and other outrages”), appeared regularly in writs and declarations of trespass.

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stealth

stealth. 1. Hist. Theft; an act or instance of stealing. • Etymologically, this term is the noun corresponding to the verb steal. “Stealth is the wrongful taking of goods without pretence of title: and therefore altereth not the property, as a trespass doth, so as upon an appeal the party shall re-have them.” Sir Henry

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vi et armis

vi et armis (vI et ahr-mis). [Latin] Hist. By or with force and arms. See trespass vi et armis under TRESPASS. “The words ‘with force and arms,’ anciently ‘vi et armis,’ were, by the common law, necessary in indictments for offences which amount to an actual disturbance of the peace, or consist, in any way,

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querela coram rege a concilio discutienda et terminanda

querela coram rege a concilio discutienda et terminanda (kw[schwa]-ree-l[ schwa] kor-[schwa]m ree-jee ay k[schwa]n-sil-ee-oh dis-k[schwa]-shee-en-d[schwa] et t[schwa]r-m[schwa]-nan-d[schwa]), n. [Law Latin “a dispute to be discussed and resolved by the council in front of the king”] Hist. A writ ordering someone to appear before the king to answer to a trespass.

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malicious mischief

The common-law misdemeanor of intentionally destroying or damaging another’s property. • Although modern statutes predominantly make this offense a misdemeanor, a few make it a felony (depending on the nature of the property or its value). See Model Penal Code § 220.3. — Also termed malicious mischief and trespass; malicious injury; malicious trespass; malicious damage;

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castle doctrine

castle doctrine. Criminal law. An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm. — Also termed dwelling defense; defense of habitation. See

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quae est eadem

quae est eadem (kwee est ee-ay-d[schwa]m). [Law Latin] Hist. Which is the same. • This phrase was used by a defendant in a trespass action to show that the trespass the defendant was justified in committing was the same as that alleged in the plaintiff’s pleading; that is, the plaintiff gave the defendant permission to

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de ejectione firmae

de ejectione firmae (dee ee-jek-shee-oh-nee f[schwa]r-mee). [Latin “ejectment of farm”] Hist. A writ or action of trespass to obtain the return of lands or tenements to a lessee for a term of years that had been ousted by the lessor or by a reversioner, remainderman, or stranger. • The lessee was then entitled to a

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