constructive force

Action on the part of one party which will be treated by a court as equivalent to the use of force in determining whether that party has acted improperly with respect to another.

Example: A civilian who impersonates a police officer in order to convince a debtor to turn over physical possession of collateral owed to a creditor has used constructive force to acquire the collateral.

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  • constructive force — see force 3 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • constructive force — As regards robbery, a taking by force is the gist of the crime, but the force may be either actual or constructive. Constructive force is anything which produces fear sufficient to suspend the power of resistance and prevent the free exercise of… …   Black's law dictionary

  • constructive force — In robbery, such force consists of any demonstration of force, menace, or means by which the person robbed is put in fear sufficient to suspend the free exercise of his will, or to prevent resistance to the taking. See 46 Am J1st Rob § 16 …   Ballentine's law dictionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • force — 1 n 1: a cause of motion, activity, or change intervening force: a force that acts after another s negligent act or omission has occurred and that causes injury to another: intervening cause at cause irresistible force: an unforeseeable event esp …   Law dictionary

  • force — Power, violence, compulsion, or constraint exerted upon or against a person or thing. Landry v. Daley, D.C.I11., 280 F.Supp. 938, 954. Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength… …   Black's law dictionary

  • force — The impetus of power; physical power or strength exerted against a person or thing. 5 Am J2d Arr § 80; 6 Am J2d Asslt & B §§ 5, 39. Not necessarily confined to a physical manifestation; there may be an exertion of force through the practice of a… …   Ballentine's law dictionary

  • force and violence — As used in a statutory definition of riot:–something more than the force necessary to do an unlawful act; a defiance of constituted authority or of the rights of a person injured, or of his effort to protect such rights. Walter v Northern Ins. Co …   Ballentine's law dictionary

  • Constructive ambiguity — is a term generally credited to Henry Kissinger, said to be the foremost exponent of the negotiating tactic it designates. It refers to the deliberate use of ambiguous language on a sensitive issue in order to advance some political purpose.… …   Wikipedia

  • Constructive trusts in English law — are a form of trust created by the courts primarily where the defendant has dealt with property in an unconscionable manner , but also in other circumstances; the property will be held in constructive trust for the harmed party, obliging the… …   Wikipedia

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