trespass 音标拼音: [tr'ɛsp
, æs] [tr'ɛspəs]
n . 罪过,侵入,侵害
vi . 侵夺,犯罪,侵入,打扰,冒犯
罪过,侵入,侵害侵夺,犯罪,侵入,打扰,冒犯
trespass n 1 :
a wrongful interference with the possession of property (
personal property as well as realty ),
or the action instituted to recover damages 2 :
entry to another '
s property without right or permission [
synonym :
{
trespass }, {
encroachment }, {
violation }, {
intrusion },
{
usurpation }]
v 1 :
enter unlawfully on someone '
s property ; "
Don '
t trespass on my land !" [
synonym : {
trespass }, {
intrude }]
2 :
make excessive use of ; "
You are taking advantage of my good will !"; "
She is trespassing upon my privacy " [
synonym :
{
trespass }, {
take advantage }]
3 :
break the law 4 :
commit a sin ;
violate a law of God or a moral law [
synonym :
{
sin }, {
transgress }, {
trespass }]
5 :
pass beyond (
limits or boundaries ) [
synonym : {
transgress },
{
trespass }, {
overstep }]
Trespass \
Tres "
pass \,
v .
i . [
imp . &
p .
p . {
Trespassed };
p .
pr . &
vb .
n . {
Trespassing }.] [{
OF }.
trespasser to go across or over ,
transgress ,
F .
tr ['
e ]
passer to die ;
pref .
tres - (
L .
trans across ,
over )
passer to pass .
See {
Pass },
v .
i .,
and cf . {
Transpass }.]
1 .
To pass beyond a limit or boundary ;
hence ,
to depart ;
to go . [
Obs .]
[
1913 Webster ]
Soon after this ,
noble Robert de Bruce . . .
trespassed out of this uncertain world . --
Ld .
Berners .
[
1913 Webster ]
2 . (
Law )
To commit a trespass ;
esp .,
to enter unlawfully upon the land of another .
[
1913 Webster ]
3 .
To go too far ;
to put any one to inconvenience by demand or importunity ;
to intrude ;
as ,
to trespass upon the time or patience of another .
[
1913 Webster ]
4 .
To commit any offense ,
or to do any act that injures or annoys another ;
to violate any rule of rectitude ,
to the injury of another ;
hence ,
in a moral sense ,
to transgress voluntarily any divine law or command ;
to violate any known rule of duty ;
to sin ; --
often followed by against .
[
1913 Webster ]
In the time of his distress did he trespass yet more against the Lord . --
2 Chron .
xxviii .
22 .
[
1913 Webster ]
Trespass \
Tres "
pass \,
n . [
OF .
trespas ,
F .
tr ['
e ]
pas death .
See {
Trespass },
v .]
1 .
Any injury or offence done to another .
[
1913 Webster ]
I you forgive all wholly this trespass . --
Chaucer .
[
1913 Webster ]
If ye forgive not men their trespasses ,
neither will your Father forgive your trespasses . --
Matt .
vi .
15 .
[
1913 Webster ]
2 .
Any voluntary transgression of the moral law ;
any violation of a known rule of duty ;
sin .
[
1913 Webster ]
The fatal trespass done by Eve . --
Milton .
[
1913 Webster ]
You . . .
who were dead in trespasses and sins .
--
Eph .
if .
1 .
[
1913 Webster ]
3 . (
Law )
(
a )
An unlawful act committed with force and violence (
vi et armis )
on the person ,
property ,
or relative rights of another .
(
b )
An action for injuries accompanied with force .
[
1913 Webster ]
{
Trespass offering } (
Jewish Antiq .),
an offering in expiation of a trespass .
{
Trespass on the case }. (
Law )
See {
Action on the case },
under {
Case }.
[
1913 Webster ]
Syn :
Offense ;
breach ;
infringement ;
transgression ;
misdemeanor ;
misdeed .
[
1913 Webster ]
194 Moby Thesaurus words for "
trespass ":
adopt ,
adoption ,
advance upon ,
appropriate ,
appropriation ,
arrogate ,
arrogation ,
assume ,
assumption ,
atrocity ,
bad faith ,
barge in ,
breach ,
breach of contract ,
breach of faith ,
breach of law ,
breach of privilege ,
breach of promise ,
breach of trust ,
breach the law ,
break ,
break bounds ,
break in ,
break in upon ,
break the law ,
breaking ,
burst in ,
butt in ,
charge in ,
circumvent the law ,
come between ,
commit a crime ,
commit sin ,
contravene ,
contravention ,
crash ,
crash in ,
crash the gates ,
creep in ,
crime ,
crime against humanity ,
crowd in ,
cut in ,
deadly sin ,
defy ,
delinquency ,
dereliction ,
deviate ,
disobey the law ,
disregard the law ,
do amiss ,
do violence to ,
do wrong ,
do wrong by ,
edge in ,
elbow in ,
encroach ,
encroachment ,
enormity ,
enter ,
entrance ,
entrench ,
entrenchment ,
err ,
error ,
evil ,
failure ,
fault ,
felony ,
flout ,
foist in ,
genocide ,
go too far ,
guilty act ,
heavy sin ,
horn in ,
impinge ,
impingement ,
impose ,
impose on ,
impose upon ,
imposition ,
impropriety ,
incursion ,
indiscretion ,
inexpiable sin ,
infiltrate ,
infiltration ,
influx ,
infract ,
infraction ,
infringe ,
infringement ,
iniquity ,
injection ,
injury ,
injustice ,
inroad ,
insinuate ,
insinuation ,
interfere ,
interference ,
interjection ,
interlope ,
interloping ,
intermeddle ,
interpose ,
interposition ,
interposure ,
interruption ,
intervene ,
intervention ,
intrude ,
intrusion ,
invade ,
invasion ,
irrupt ,
irruption ,
know no bounds ,
lapse ,
lawbreaking ,
make an inroad ,
malefaction ,
malfeasance ,
malum ,
minor wrong ,
misdeed ,
misdemeanor ,
misfeasance ,
mortal sin ,
nonfeasance ,
obtrude ,
obtrusion ,
offend ,
offense ,
omission ,
outrage ,
overstep ,
overstep the bounds ,
overstepping ,
peccadillo ,
peccancy ,
penetrate ,
pierce ,
play God ,
playing God ,
press in ,
pretend to ,
probe ,
push in ,
put on ,
put upon ,
rush in ,
seize ,
seizure ,
set at defiance ,
set at naught ,
set naught by ,
sin ,
sin of commission ,
sin of omission ,
sinful act ,
slink in ,
slip ,
slip in ,
smash in ,
sneak in ,
squeeze in ,
steal in ,
storm in ,
take over ,
throng in ,
thrust in ,
tort ,
trample on ,
trample underfoot ,
trample upon ,
transgress ,
transgression ,
trench ,
trespassing ,
trip ,
unlawful entry ,
unutterable sin ,
usurp ,
usurpation ,
venial sin ,
violate ,
violate the law ,
violation ,
violation of law ,
work in ,
worm in ,
wrong TRESPASS torts .
An unlawful act committed with violence ,
ti et armis ,
to the person ,
property or relative rights of another .
Every felony includes a trespass ,
in common parlance ,
such acts are not in general considered as trespasses ,
yet they subject the offender to an action of trespass after his conviction or acquittal .
See civil remedy .
2 .
There is another kind of trespass ,
which is committed without force ,
and is known by the name of trespass on the case .
This is not generally known by the name of trespass .
See Case .
3 .
The following rules characterize the injuries which are denominated trespasses ,
namely :
1 .
To determine whether an injury is a trespass ,
due regard must be had to the nature of the right affected .
A wrong with force can only be offered to the absolute rights of personal liberty and security ,
and to those of property corporeal ;
those of health ,
reputation and in property incorporeal ,
together with the relative rights of persons ,
are ,
strictly speaking ,
incapable of being injured with violence ,
because the subject -
matter to which they relate ,
exists in either case only in idea ,
and is not to be seen or handled .
An exception to this rule ,
however ,
often obtains in the very instance of injuries to the relative rights of persons ;
and wrongs offered to these last are frequently denominated trespasses ,
that is ,
injuries with force .
4 .-
2 .
Those wrongs alone are characterized as trespasses the immediate consequences of which are injurious to the plaintiff ;
if the damage sustained is a remote consequence of the act ,
the injury falls under the denomination of trespass on the case .
5 .-
3 .
No act is injurious but that which is unlawful ;
and therefore ,
where the force applied to the plaintiff '
s property or person is the act of the law itself ,
it constitutes no cause of complaint .
Hamm .
N .
P .
34 ;
2 Phil .
Ev .
131 ;
Bac .
Abr .
h .
t .;
15 East R .
614 ;
Bouv .
Inst .
Index ,
h .
t .
As to what will justify a trespass ,
see Battery .
TRESPASS ,
remedies .
The name of an action ,
instituted for the recovery of damages ,
for a wrong committed against the plaintiff ,
with immediate force ;
as an assault and battery against the person ;
an unlawful entry into his ,
land ,
and an unlawful injury with direct force to his personal property .
It does not lie for a mere non -
feasance ,
nor when the matter affected was not tangible .
2 .
The subject will be considered with regard ,
1 .
To the injuries for which trespass may be sustained .
2 .
The declaration .
3 .
The plea .
4 .
The judgment .
3 .-
Sec .
1 .
This part of the subject will be considered with reference to injuries ,
1 .
The person .
2 .
To personal property .
3 .
To real property .
4 .
When trespass can or cannot be justified by legal proceedings .
4 .-
1 .
Trespass is the proper remedy for an assault and battery ,
wounding ,
imprisonment ,
and the like ,
and it also lies for an injury to the relative rights when occasioned by force ;
as ,
for beating ,
wounding ,
and imprisoning a wife or servant ,
by which the plaintiff has sustained a loss .
9 Co .
113 ;
10 Co .
130 .
Vide Parties to actions ;
Per guod ,
and 1 Chit .
Pr .
37 .
5 .-
2 .
The action of trespass is the proper remedy for injuries to personal property ,
which may be committed by the several acts of unlawfully striking ,
chasing ,
if alive ,
and carrying away to the damage of the plaintiff ,
a personal chattel ,
1 Saund .
84 ,
n .
2 ,
3 ;
F .
N .
B .
86 ;
Bro .
Trespass ,
pl .
407 ;
Toll .
Executors ,
112 ;
Cro .
Jac .
362 ,
of which another is the owner and in possession ;
but a naked possession or right to immediate possession ,
is a sufficient title to support this action .
1 T .
R .
480 ;
and gee 8 .
John .
R .
432 ;
7 John .
R .
535 ;
11 John .
R .
377 ;
Cro .
Jac .
46 ;
1 Chit .
Pl .
165 .
6 .-
3 .
Trespass is the proper remedy for the several acts of breaking through an enclosure ,
and coming into contact with any corporeal hereditament ,
of which another is the owner and in possession ,
and by which a damage has ensued .
There is an ideal fence ,
reaching in extent upwards ,
a superficie terrae usque ad caelum ,
which encircles every man '
s possessions ,
when he is owner of the surface ,
and downwards as far as his property descends ;
the entry ,
therefore ,
is breaking through this enclosure ,
and this generally constitutes ,
by itself ,
a right of action .
The plaintiff must be the owner ,
and in possession .
5 East ,
R .
485 ;
9 John .
R .
61 ;
12 John .
R .
183 ;
11 John .
R .
385 ;
Id .
140 ;
3 Hill ,
R .
26 .
There must have been some injury ,
however ,
to entitle the plaintiff to recover ,
for a man in a balloon may legally be said to break the close of the plaintiff ,
when passing over it ,
as he is wafted by the wind ,
yet as the owner '
s possession is not by that act incommoded ,
trespass could not probably be maintained ;
yet ,
if any part of the machinery were to fall upon the land ,
the aeronaut could not justify an entry into it to remove it ,
which proves that the act is not justifiable .
19 John .
381 But the slightest injury ,
as treading down the grass ,
is sufficient .
Vide 1 Chit .
Pl .
173 ;
2 John ,
R .
357 :
9 John .
R .
113 ,
377 ;
2 Mass .
R .
127 ;
4 Mass .
R .
266 ;
4 John .
R .
150 .
7 .-
4 .
It is a general rule that when the defendant has acted under regular process of a court of competent jurisdiction ,
or of a single magistrate having jurisdiction of the subject -
matter ,
it is a sufficient justification to him ;
but when the court has no jurisdiction and the process is wholly void ,
the defendant cannot justify under it .
8 .
But there are some cases ,
where an officer will not be justified by the warrant or authority of a court ,
having jurisdiction .
These exceptions are generally founded on some matter of public policy or convenience ;
for example ,
when a warrant was issued against a mail carrier ,
though the officer was justified in serving the warrant ,
he was liable to an indictment for detaining such mail carrier under the warrant ,
for by thus detaining him ,
he was guilty of "
willfully obstructing or retarding the passage of the mail ,
or of the driver or carrier ,"
contrary to the provisions of the act of congress of 1825 ,
ch .
275 ,
s .
9 .
8 Law Rep .
77 .
See Ambassador ;
Justification .
9 .-
Sec .
2 .
The declaration should contain a concise statement of the injury complained of ,
whether to the person ,
personal or real property ,
and it must allege that the injury was committed vi et armis and contra pacem ;
in which particulars it differs from a declaration in case .
See Case ,
remedies .
10 .-
Sec .
3 .
The general issue is not guilty .
But as but few matters can be given in evidence under this plea ,
it is proper to plead special matters of defence .
11 .-
Sec .
4 .
The judgment is generally for the damages assessed by the jury ,
and for costs .
When the judgment is for the defendant ,
it is that be recover his costs .
Vide Irregularity ;
Regular and Irregular process .
Vide ,
generally ,
Bro .
Ab .
h .
t .;
Nelson '
s Ab .
h .
t .;
Bac .
Ab .
h .
t .;
Dane '
s Ab .
h .
t .;
Com .
Dig .
h .
t .;
Vin .
Ab .
h .
t .;
the various American and English Digests ,
h .
t .;
2 Phil .
Ev .
131 ;
Ham .
N .
P .
33 to 265 ;
Chit .
Pr .
Index ,
h .
t .;
Rose .
Civ .
Ev .
h .
t .;
Stark .
Ev .
h .
t .;
Bouv .
Inst .
Index ,
h .
t .
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