BREAK

9 definitions found across Law Mind sources

BREAKAuthored
The Law Mind • 1103 words
Definition
In law, "break" carries distinct meanings depending on context. The two primary legal uses are: 1. Criminal law (burglary and breaking and entering): To break means to use force — however slight — to remove, open, or penetrate a barrier protecting an enclosed structure. The breaking requirement historically distinguished burglary from other trespassory offenses. A "breaking" could be actual (physically forcing open a door, window, or other barrier) or constructive (gaining entry through fraud, threat, or use of a chimney or other unconventional opening). The force required is minimal; lifting a latch, pushing open an unlatched but closed door, or breaking a window pane all satisfy the element. 2. Labor and commercial law: To "break" a relationship, agreement, or obligation is to violate or terminate it, often in breach of duty. A strike or work stoppage may be described in older sources as "breaking" employment. More specifically, historical labor law used "break" in connection with combinations and conspiracies designed to disrupt the lawful employment of others or to interfere with commerce.
Common Language
Modern common usage (Wiktionary): To separate into two or more pieces by a process that cannot easily be reversed; to fracture or crack, including bones; to divide into smaller units; to cause loss of spirit or will. Historical common usage (Webster's 1913): To strain apart; to sever by fracture; to divide with violence; also, to infringe or violate an obligation or law. The ordinary meaning of "break" as physical separation maps onto criminal law usage closely enough to seem self-evident — but the legal concept of constructive breaking confounds that intuition. A person may legally "break" into a structure without touching it violently or at all, as where entry is obtained by fraud or threat. Researchers relying on the everyday sense of the word will miss a significant portion of how courts have applied the element.
Common Confusion
"Breaking" is not synonymous with "entry" in the criminal law context, though both are elements of burglary and breaking and entering. A defendant can break without completing an entry (reaching an arm through a broken window has been treated as entry in some jurisdictions, but not all). The two elements must be analyzed separately in historical sources. Some modern statutes have collapsed or eliminated the breaking requirement, treating unlawful entry alone as sufficient — meaning older case law discussing the breaking requirement may not govern under current law.
Core Elements
For the criminal law sense, courts historically required: 1. An actual or constructive breaking: Physical force, however minimal, applied to a closed barrier; or entry obtained by fraud, threat, or other constructive means. 2. To a structure or enclosure: The broken barrier must protect a dwelling or other covered structure as defined by the applicable offense. 3. Without consent of the owner or lawful occupant: Consent defeats the breaking element. Note that consent obtained by fraud may be treated as no consent at all, supporting constructive breaking.
Why It Matters in Research
The breaking element is one of the most historically variable concepts in criminal law, and its treatment in sources across the Law Mind corpus reflects that instability. In early common law, "break" was interpreted strictly: only actual physical force qualified. By the nineteenth century, courts had expanded the concept considerably through the doctrine of constructive breaking, which created substantial inconsistency across jurisdictions and across time. Researchers using pre-twentieth-century case reporters must pay close attention to whether a given court was applying the strict or constructive standard. Many modern statutes have eliminated the breaking requirement entirely, substituting "unlawful entry" or "trespassory entry" as the operative concept. This makes the term largely obsolete in current statutory language, but it remains essential for reading historical indictments, treatises, and case law. When a historical source says a charge was dismissed for failure to prove "breaking," that may reflect a procedural or pleading failure unrelated to the underlying facts — not a finding that no force was used. In the labor and commercial law context, the Anderson's entry reflects a late nineteenth-century moment when courts were actively constructing the legal boundaries of labor combinations and strikes. The Wisconsin statute referenced (1887) sits within a period of intense legislative activity around labor relations. Researchers working in this area should be alert to the fact that "breaking" employment or "breaking" a combination carries normative freight in this era that does not appear in the plain language. Bouvier's cross-reference to THROUGH ROUTE is unexplained and likely reflects a transportation or commercial law context in which breaking a through route — interrupting continuous carriage — had tariff or liability consequences. Researchers in railroad or commercial law should follow that cross-reference directly.
Historical Dictionary Support
Bouvier's treatment is a redirect to THROUGH ROUTE, offering no substantive definition of "break" as a standalone term. This is a notable gap: by the time Bouvier's was in wide use, the breaking element of burglary was a well-established and frequently litigated concept, and the absence of a direct entry suggests either that Bouvier treated the concept under BURGLARY or BREAKING AND ENTERING rather than here, or that the edition represented in the corpus is incomplete on this point. Researchers should look to the BURGLARY entry in Bouvier's for the more complete historical treatment. Anderson's entry, while fragmentary in the source material provided, anchors "break" firmly in the labor conspiracy and commercial interference context of the 1880s. The reference to threats, interference with property or traffic, and abridgment of employment rights reflects the common law conspiracy framework being applied to early labor organizing. Anderson's framing treats these combinations as "pro tanto illegal" — a qualified illegality that was itself contested in contemporaneous courts. Neither source provides a systematic treatment of the criminal law breaking element. Researchers needing historical doctrine on that question should consult Blackstone's Commentaries and the standard nineteenth-century criminal law treatises rather than relying on these dictionary entries.
Jurisdictional Note
The breaking element has been abolished or substantially modified in the majority of U.S. jurisdictions through modern criminal codes. In England and Wales, the Theft Act 1968 replaced the common law burglary offense and eliminated breaking as a required element. Historical research must account for which jurisdiction's common law or statutory scheme was operative at the relevant time.
Encyclopedia Cross-Reference
Breaking and Entering (The Law Mind Criminal Law Encyclopedia)
Related Terms
Breaking and Entering — Burglary — Entry (criminal law) — Constructive Breaking — Trespass — Unlawful Entry — Through Route — Labor Combination — Conspiracy (labor law) — Force and Arms
BREAKcrossref
Bouvier's Law Dictionary • 1928
See THROUGH ROUTE.
BREAKmain
Anderson's Dictionary of Law • 1890
business shall be conducted by means of threats of injury or loss, by interference with their property or traffic, or with their lawful employment of other persons, or designed to abridge any of those rights, - are pro tanto illegal combinations; and all acts done in furtherance of such intentions by such means and accompanied by damage are actionable.1 An act of Wisconsin, approved April 2, 1887 (Laws, ch. 287), provides that: Any two or more persons who shall combine, associate, agree, mutually undertake, or concert together for the purpose of willfully or maliciously injuring another in his reputation, trade, business or profession, by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars. See further COMBINATION, 2; CONSPIRACY; INJURY, Irreparable; STRIKE, 2. Compare BLACK-LISTING. See also ASSEMBLY, Unlawful; RIOT. Breach of contract or covenant. A failure to observe the conditions of a contract. See CONTRACT; COVENANT. Breach of pound. The forcible removal of a thing lawfully impounded. Also called pound-breach. See Pound, 2. Breach of prison. Escape from lawful confinement in a prison. Also called prisonbreach. See ESCAPE, 1 (2). Breach of privilege. Violation of the privilege of a legislature. See PRIVILEGE, 4. Breach of promise. Failure to solemnize a contract of marriage, q. v. Breach of the peace. Disturbance of the public order. See PEACE, 1. Breach of trust. Violation of the duty imposed by an instrument creating a trust; also, willful misappropriation of a thing 1. To sever by fracture; to part or divide with force or violence; also, to lay open or uncover. Break bulk. For a bailee to open a box or package intrusted to his custody and fraudulently appropriate the contents. See LARCENY, By bailee. Break doors. To remove the fastenings of a house with force, so that a person, as, an officer executing process, may enter. See
BREAKv.
Websters Unabridged Dictionary (1913) • 1913
To strain apart; to sever by fracture; to divide with violence; as, to break a rope or chain; to break a seal; to break an axle; to break rocks or coal; to break a lock. Shak. To lay open as by breaking; to divide; as, to break a package of goods. To lay open, as a purpose; to disclose, divulge, or communicate. Katharine, break thy mind to me. Shak. To infringe or violate, as an obligation, law, or promise. Out, out, hyena! these are thy wonted arts . . . To break all faith, all vows, deceive, betray. Milton To interrupt; to destroy the continuity of; to dissolve or terminate; as, to break silence; to break one's sleep; to break one's journey. Go, release them, Ariel; My charms I'll break, their senses I'll restore. Shak. To destroy the completeness of; to remove a part from; as, to break a set. To destroy the arrangement of; to throw into disorder; to pierce; as, the cavalry were not able to break the British squares. To shatter to pieces; to reduce to fragments. The victim broke in pieces the musical instruments with which he had solaced the hours of captivity. Prescott. To exchange for other money or currency of smaller denomination; as, to break a five dollar bill. To destroy the strength, firmness, or consistency of; as, to break flax. To weaken or impair, as health, spirit, or mind. An old man, broken with the storms of state. Shak. To diminish the force of; to lessen the shock of, as a fall or blow. I'll rather leap down first, and break your fall. Dryden. To impart, as news or information; to broach; -- with to, and often with a modified word implying some reserve; as, to break the news gently to the widow; to break a purpose cautiously to a friend. To tame; to reduce to subjection; to make tractable; to discipline; as, to break a horse to the harness or saddle. "To break a colt." Spenser. Why, then thou canst not break her to the lute Shak. To destroy the financial credit of; to make bankrupt; to ruin. With arts like these rich Matho, when he speaks, Attracts all fees, and little lawyers breaks. Dryden. To destroy the official character and standing of; to cashier; to dismiss. I see a great officer broken. Swift.
BREAKv.
Websters Unabridged Dictionary (1913) • 1913
To come apart or divide into two or more pieces, usually with suddenness and violence; to part; to burst asunder. To open spontaneously, or by pressure from within, as a bubble, a tumor, a seed vessel, a bag. Else the bottle break, and the wine runneth out. Math. ix. 17. To burst forth; to make its way; to come to view; to appear; to dawn. The day begins to break, and night is fied. Shak. And from the turf a fountain broke, and gurgled at our feet. Wordswoorth. To burst forth violently, as a storm. The clouds are still above; and, while I speak, A second deluge o'er our head may break. Shak. To open up. to be scattered; t be dissipated; as, the clouds are breaking. At length the darkness begins to break. Macawlay. To become weakened in constitution or faculties; to lose health or strength. See how the dean begins to break; Poor gentleman . Swift. To be crushed, or overwhelmed with sorrow or grief; as, my heart is breaking. To fall in business; to become bankrupt. He that puts all upon adventures doth oftentimes break, and come to poverty. Bacn. To make an abrupt or sudden change; to change the gait; as, to break into a run or gallop. To fail in musical quality; as, a singer's voice breaks when it is strained beyond its compass and a tone or note is not completed, but degenerates into an unmusical sound instead. Also, to change in tone, as a boy's voice at puberty. To fall out; to terminate friendship. To break upon the score of danger or expense is to be mean and narrow-spirited. Collier.
BREAKn.
Websters Unabridged Dictionary (1913) • 1913
An opening made by fracture or disruption. An interruption of continuity; change of direction; as, a break in a wall; a break in the deck of a ship. Specifically: An interruption; a pause; as, a break in friendship; a break in the conversation. An interruption in continuity in writing or printing, as where there is an omission, an unfilled line, etc. All modern trash is Set forth with numerous breaks and dashes. Swift. The first appearing, as of light in the morning; the dawn; as, the break of day; the break of dawn. A large four-wheeled carriage, having a straight body and calash top, with the driver's seat in front and the footman's behind. A device for checking motion, or for measuring friction. See Brake, n. 9 & 10. See Commutator.
breakverb
Wiktionary (English) • 2026
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To separate into two or more pieces, to fracture or crack, by a process that cannot easily be reversed for reassembly. | To separate into two or more pieces, to fracture or crack, by a process that cannot easily be reversed for reassembly. | To crack or fracture (bone) under a physical strain. | To divide (something, often money) into smaller units. | To cause (a person or animal) to lose spirit or will; to crush the spirits of. | To cause (a person or animal) to lose spirit or will; to crush the spirits of. | To turn an animal into a beast of burden. | To be crushed, or overwhelmed with sorrow or grief. | To interrupt; to destroy the continuity of; to dissolve or terminate. | To interrupt; to destroy the continuity of; to dissolve or terminate. | To end the run of (a play). | To ruin financially. | To fail in business; to go broke, to become bankrupt. | Of prices on the stock exchange: to fall suddenly. | To violate; to fail to adhere to. | To go down, in terms of temperature, indicating that the most dangerous part of the illness has passed. | To end. | To begin or end. | To arrive. | To render (a game) unchallenging by altering its rules or exploiting loopholes or weaknesses in them in a way that gives a player an unfair advantage. | To stop, or to cause to stop, functioning properly or altogether. | To stop, or to cause to stop, functioning properly or altogether. | To cause (some feature of a program or piece of software) to stop functioning properly; to cause a regression. | To cause (a barrier) to no longer bar. | To cause (a barrier) to no longer bar. | To cause the shell of (an egg) to crack, so that the inside (yolk) is accessible. | To cause (a barrier) to no longer bar. | To open (a safe) without using the correct key, combination, or the like. | To destroy the arrangement of; to throw into disorder; to pierce. | To collapse into surf, after arriving in shallow water. | To burst forth; to make its way; to come into view. | To interrupt or cease one's work or occupation temporarily; to go on break. | To interrupt (a fall) by inserting something so that the falling object does not (immediately) hit something else beneath. | To disclose or make known an item of news, a band, etc. | To become audible suddenly. | To change a steady state abruptly. | To (attempt to) disengage and flee to; to make a run for. | To suddenly become. | To become deeper at puberty. | To alter in type due to emotion or strain: in men, generally to go up, in women, sometimes to go down; to crack. | To de-emulsify. | To surpass or do better than (a specific number); to do better than (a record), setting a new record. | To win a game (against one's opponent) as receiver. | To make the first shot; to scatter the balls from the initial neat arrangement. | To remove one of the two men on (a point). | To demote; to reduce the military rank of. | To end (a connection); to disconnect. | To counter-attack. | To lay open, as a purpose; to disclose, divulge, or communicate. | To become weakened in constitution or faculties; to lose health or strength. | To destroy the strength, firmness, or consistency of. | To destroy the official character and standing of; to cashier; to dismiss. | To make an abrupt or sudden change; to change gait. | To fall out; to terminate friendship. | To terminate the execution of a program before normal completion. | To suspend the execution of a program during debugging so that the state of the program can be investigated. | To cause, or allow the occurrence of, a line break.
breaknoun
Wiktionary (English) • 2026
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A section of extended repetition of the percussion break to a song, created by a hip-hop DJ as rhythmic dance music.
breaknoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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An instance of breaking something into two or more pieces. | A physical space that opens up in something or between two things. | An interruption of continuity; departure from or rupture with. | A rest or pause, usually from work. | A rest or pause, usually from work. | A time for students to talk or play between lessons. | A rest or pause, usually from work. | A scheduled interval of days or weeks between periods of school instruction; a holiday. | A short holiday. | A temporary split with a romantic partner. | An interval or intermission between two parts of a performance, for example a theatre show, broadcast, or sports game. | A significant change in circumstance, attitude, perception, or focus of attention. | A sudden fall in prices on the stock exchange. | The beginning (of the morning). | An act of escaping. | The separation between lines, paragraphs or pages of a written text. | A keystroke or other signal that causes a program to terminate or suspend execution. | Ellipsis of breakpoint. | A change, particularly the end of a spell of persistent good or bad weather. | A game won by the receiving player(s). | The first shot in a game of billiards. | The number of points scored by one player in one visit to the table. | The counter-attack. | The curve imparted to the ball's motion on the green due to slope or grass texture. | A place where waves break (that is, where waves pitch or spill forward creating white water). | The start of a horse race. | The opening of packages of cards for a collectible card game, often for further distribution to paying customers. | A large four-wheeled carriage, having a straight body and calash top, with the driver's seat in front and the footman's behind. | Alternative form of brake (“cart or carriage without a body, for breaking in horses”) | A sharp bit or snaffle. | A short section of music, often between verses, in which some performers stop while others continue. | The point in the musical scale at which a woodwind instrument is designed to overblow, that is, to move from its lower to its upper register. | The transition area between a singer's vocal registers; the passaggio. | An area along a river that features steep banks, bluffs, or gorges (e.g., Upper Missouri River Breaks National Monument, US). | An error.

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