ASSISE OF FRESH FORCE Meaning and
Definition
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The term "Assise of Fresh Force" refers to a legal concept that originated in medieval England and was later adopted in many common law jurisdictions. It is a term used to describe a particular legal action or remedy available to individuals who have been subjected to an unlawful and violent intrusion or attack on their property, person, or family.
The Assise of Fresh Force allows the aggrieved party to seek legal redress by bringing a lawsuit against the wrongdoer. This legal action aims to obtain compensation or damages for the harm suffered, as well as to prevent future occurrences. The essence of the concept lies in the notion that the force used was fresh or recent, rather than having occurred in the distant past. It differentiates itself from other legal processes by addressing immediate and ongoing harm caused by violence or forceful intrusion.
To initiate an Assise of Fresh Force, the plaintiff must prove several elements, including that the force was applied unlawfully and that it resulted in harm or injury. The plaintiff must also show that the force was recent and continuing, highlighting its non-trivial, continuing effects. Successful plaintiffs may be awarded various forms of relief, such as monetary damages, injunctive orders to stop the ongoing harm, or other appropriate remedies. The specific remedies and procedures may vary across jurisdictions.
The Assise of Fresh Force serves to protect individuals from the immediate and direct consequences of violent intrusions, ensuring that wrongdoers are held accountable for their unlawful actions and that victims receive adequate compensation for their suffering.
