STRIKE

10 definitions found across Law Mind sources

See encyclopedia: Strikes, Lockouts, and Economic Weapons →
STRIKEAuthored
The Law Mind • 1559 words
Definition
STRIKE has three distinct legal meanings, each operating in a different area of law. 1. Labor Law — Collective Work Stoppage: A coordinated cessation of work by employees, typically acting in concert through a union or informal combination, intended to compel an employer to grant demands regarding wages, hours, working conditions, or other terms of employment. The defining features are collective action, a prearranged or concerted decision to stop working, and a condition — that work will resume when demands are met or a negotiated resolution is reached. A strike differs from a lockout, which is the employer's mirror action. 2. Criminal Sentencing — Prior Conviction Count: In the context of habitual offender and three-strikes statutes, a "strike" is a qualifying prior conviction — typically a serious or violent felony — that triggers enhanced sentencing upon a subsequent conviction. Accumulating a defined number of strikes (most commonly three) results in mandatory minimum sentences, often life imprisonment. The term is statutory and its precise definition varies by jurisdiction. 3. Procedure — Removal from the Record or Panel: To strike is to formally remove something from legal consideration. This includes striking a juror (removing a prospective juror during voir dire), striking pleadings or portions of pleadings (a court order removing improper, redundant, or prejudicial material), and striking testimony or evidence (a judicial directive that the finder of fact disregard what was introduced). Anderson's entry adds the related commercial usage: property is "struck off" at auction when the auctioneer's hammer falls, signifying the sale to the highest bidder — a usage that survives in auction and contract law. ---
Common Language
Modern common usage (Wiktionary): The common meaning of "strike" in physical action is to hit or collide with force. In everyday usage it also refers to a bowling strike, a work stoppage (carried over from the labor sense), or a military strike (an attack). Historical common usage (Webster's 1913): "To touch or hit with some force, either with the hand or with an instrument; to smite; to give a blow to." Also to collide with — as a ship striking a reef. The common and legal meanings share a root in forceful contact, but they diverge sharply across the three legal senses. The labor-law strike carries none of the physical sense — it is defined by inaction, not action. The procedural strike is an act of legal erasure with no physical analogue. Researchers working in historical sources should be alert to context, as "strike" in a 19th-century legal document may refer to labor action, to the fall of an auctioneer's hammer, or to jury selection, depending entirely on surrounding text. ---
Common Confusion
STRIKE vs. LOCKOUT: A strike is employee-initiated; a lockout is employer-initiated. Both are economic weapons in labor disputes, but their legal treatment under the National Labor Relations Act and predecessor statutes differs. Historical sources sometimes treat them together without clearly distinguishing who initiated the work stoppage. STRIKE (juror) vs. CHALLENGE: "Striking" a juror and "challenging" a juror are often used interchangeably in practice, but they are technically distinct. A peremptory strike requires no stated reason and is limited in number. A challenge for cause requires articulated grounds and is theoretically unlimited. Historical legal dictionaries often conflate the two. STRIKE (pleading) vs. DISMISS: A motion to strike targets specific portions of a pleading — a paragraph, a prayer for relief, an improper allegation. A motion to dismiss attacks the pleading as a whole. These are separate procedural tools with different standards and different effects. ---
Recognized Forms
/SUBTYPES Labor Law: - Unfair labor practice strike: A strike protesting an employer's unlawful conduct under federal labor law. Participants retain stronger reinstatement rights than in economic strikes. - Economic strike: A strike aimed at obtaining better wages, hours, or working conditions. Participants may be permanently replaced, though not discharged. - Sympathy strike: A work stoppage by workers whose own employer is not in dispute, undertaken in solidarity with striking workers elsewhere. Legality depends on contract language and applicable law. - Wildcat strike: An unauthorized strike by workers acting outside their union's official sanction, often in breach of a no-strike clause. - Sit-down strike: Workers remain at the worksite but refuse to work, preventing the employer from substituting replacement workers. Largely prohibited following NLRB precedent. Criminal Sentencing: - Prior strike (or "strike prior"): A qualifying prior conviction under a three-strikes or habitual offender statute. - Wobbler strike: In some jurisdictions, offenses that may be charged as either felonies or misdemeanors (wobblers) may or may not qualify as strikes depending on how they were charged and sentenced. Procedure: - Peremptory strike: Removal of a juror without stated cause, limited in number per party. - Strike for cause: Removal of a juror based on demonstrated bias or disqualification, unlimited in number. - Motion to strike: A procedural motion requesting the court to remove material from a pleading, the record, or the transcript. ---
Why It Matters in Research
Multi-context ambiguity is the central research trap with this term. A search for "strike" in an undifferentiated corpus will return labor cases, criminal sentencing cases, jury selection disputes, and evidentiary rulings simultaneously. Researchers must filter by subject matter before drawing conclusions from frequency or trend analysis. In labor law, the legal status of strikes underwent dramatic transformation across the 20th century. Pre-New Deal sources treat strikes with suspicion — Bouvier notes strikes "sometimes amount to conspiracy," reflecting the common-law conspiracy doctrine used to enjoin and criminalize labor action well into the early 1900s. Post-NLRA (1935) sources treat the right to strike as federally protected. A researcher reading early 20th-century materials must account for this paradigm shift; the same act described in nearly identical language carries radically different legal consequences depending on the date of the source. The three-strikes criminal sentencing context is almost entirely post-1994 in the corpus. Researchers should not expect to find it in historical dictionaries, and Black's 1st and 2nd editions provide no guidance here. California's Three Strikes Law (1994) and the federal version enacted the same year are the anchoring statutes; earlier references to "habitual offender" statutes in the corpus are related but use different terminology. In procedural contexts, "strike" is pervasive but low-information — it appears routinely without generating doctrinal analysis. The important procedural developments to track are the constitutional limits on peremptory strikes (Batson v. Kentucky and its progeny) and the standards courts apply to motions to strike pleadings under rules-based civil procedure. Anderson's auction usage ("struck off") is a surviving archaism worth noting when reading contract and commercial law sources predating the Uniform Commercial Code. ---
Historical Dictionary Support
The historical dictionaries converge on the labor definition as the primary legal meaning, which reflects the period in which they were compiled. Black's 1st and 2nd editions and Bouvier's all define strike as a collective cessation of work to compel employer concessions. Bouvier adds the important qualification that a peaceable strike not involving breach of contract is not unlawful — a more nuanced position than many contemporaneous courts took in practice, and a useful corrective to the assumption that 19th-century law uniformly condemned strikes. Black's 2nd edition references actual cases — Farmers' L. & T. Co. v. Northern Pac. R. Co., 60 Fed. 819, and Arthur v. Oakes, 63 Fed. 327 — which are legitimate historical citations arising from the railroad labor conflicts of the 1890s. These cases reflect the federal injunction era of labor law, when courts routinely enjoined strikes as interference with interstate commerce or as restraints on trade. Anderson's entry is fragmentary and unreliable for the labor definition; its value lies in the auction and procedural usages, which the other dictionaries underemphasize. What the historical dictionaries collectively miss: the procedural meaning of "strike" — particularly peremptory jury strikes and motions to strike pleadings — despite being well-established in 19th-century practice. The criminal sentencing meaning is entirely absent, as expected. Researchers relying solely on these sources will have an incomplete picture of the term's full legal range. ---
Jurisdictional Note
Three-strikes sentencing varies significantly by state. California's scheme is among the most studied and has been substantially modified by voter initiative. Some states apply the enhancement only when the current offense is also a qualifying strike; others trigger enhanced sentencing regardless of the nature of the current conviction. Federal and state definitions of qualifying "strikes" do not align. Researchers should treat three-strikes doctrine as jurisdiction-specific and resist generalizing from California precedent. ---
Encyclopedia Cross-Reference
Strikes, Lockouts, and Economic Weapons (The Law Mind Employment & Labor Law Encyclopedia) Three Strikes Laws and Habitual Offender Statutes (The Law Mind Criminal Law Encyclopedia) Drone Strikes and Targeted Killing — Due Process Abroad (The Law Mind Constitutional Law Encyclopedia) ---
Related Terms
Lockout | Collective bargaining | Unfair labor practice | Picketing | Injunction (labor) | National Labor Relations Act | Peremptory challenge | Challenge for cause | Batson challenge | Motion to strike | Habitual offender | Recidivist | Three-strikes law | Voir dire | Strike off (auction) | Conspiracy (labor)
STRIKEmain
Black's Law Dictionary • 1891
The act of a body of workmen employed by the same master, in stopping work all together at a prearranged time, and refusing to continue until higher wages, or shorter time, or some other concession is granted to them by the employer.
STRIKEmain
Black's Law Dictionary (2nd Ed.) • 1910
‘The act of a body of workmen employed by the same muster, in stopping work all together at a prearranged time, and refusing to continue until higher wages, or shorter time, or some other concession is granted to them by the employer. See Farners’ L. & T. Co. v. Northern Pac. R. Co. (C. C.) 60 Fed. 819; Arthur v. Oakes, 63 Fed. 327, 11 C. C. A. 209, 25 L. R. A. 414; Railroad Co. v. Bowns, 58 N. ¥. 582; Longshore Printing Co. v. Howell, 26 Or. 527, 38 Pac. 547, 28 L. R. A. 464, 46 Am. St. Rep. 640. In mining law. The strike of a vein or lode is its extension In the horizontal plane, or its lengthwise trend or course with reference to the points of the compass; distinguished from its “dip,” which is its slope or slaut, away from the perpendicular, as it goes downward into the earth, or the angle of its deviation from the vertical plane.
STRIKEmain
Anderson's Dictionary of Law • 1890
E ー​エ ​1 کر L out its owner, and beyond his control.1 See 1, v. See ACCOUNT, 1; BALANCE; BARGAIN; BATTERY; HAND, 1. Strike off. See ATTORNEY; JURY; ROLL, р. 910, с. 2. Struck off. Property at auction is "struck off" or "knocked down" when the auctioneer, by the fall of his hammer or by other audible or visible announcement, signifies to the bidder that he is entitled to the property on paying the amount of his bid, according to the terms of the sale.3 Strike out. See CANCEL. 2, n. A combination among laborers, or those employed by others, to compel an increase of wages, a change in the hours of labor, a change in the manner of conducting the business of the principal, or to enforce some particular policy in the character or number of the men employed, or the like. 1 Rehberg v. New York City, 91 N. Y. 142-43 (1883), cases, Andrews, C. J.; Ironton v. Kelley, 38 Ohio St. 52 (1882); Bennett v. Fifield, 13 R. I. 139-40 (1880), cases pro and con; Hanscom v. Boston, 141 Mass. 245 (1886), cases. 2 See street railways, generally, 15 Am. Law Rev. 390-404 (1881), cases. 3 Sherwood v. Reade, 7 Hill, 439 (1844). • [Delaware, &c. R. Co. v. Bowns, 58 N. Y. 582, 578 (1874), Allen, J.
STRIKEv.
Websters Unabridged Dictionary (1913) • 1913
To touch or hit with some force, either with the hand or with an instrument; to smite; to give a blow to, either with the hand or with any instrument or missile. He at Philippi kept His sword e'en like a dancer; while I struck The lean and wrinkled Cassius. Shak. To come in collision with; to strike against; as, a bullet struck him; the wave struck the boat amidships; the ship struck a reef. To give, as a blow; to impel, as with a blow; to give a force to; to dash; to cast. They shall take of the blood, and strike it on the two sideposts. Ex. xii. 7. Who would be free, themselves must strike the blow. Byron. To stamp or impress with a stroke; to coin; as, to strike coin from metal: to strike dollars at the mint. To thrust in; to cause to enter or penetrate; to set in the earth; as, a tree strikes its roots deep. To punish; to afflict; to smite. To punish the just is not good, nor strike princes for equity. Prov. xvii. 26. To cause to sound by one or more beats; to indicate or notify by audible strokes; as, the clock strikes twelve; the drums strike up a march. To lower; to let or take down; to remove; as, to strike sail; to strike a flag or an ensign, as in token of surrender; to strike a yard or a topmast in a gale; to strike a tent; to strike the centering of an arch. To make a sudden impression upon, as by a blow; to affect sensibly with some strong emotion; as, to strike the mind, with surprise; to strike one with wonder, alarm, dread, or horror. Nice works of art strike and surprise us most on the first view. Atterbury. They please as beauties, here as wonders strike. Pope. To affect in some particular manner by a sudden impression or impulse; as, the plan proposed strikes me favorably; to strike one dead or blind. How often has stricken you dumb with his irony! Landor. To cause or produce by a stroke, or suddenly, as by a stroke; as, to strike a light. Waving wide her myrtle wand, She strikes a universal peace through sea and land. Milton. To cause to ignite; as, to strike a match. To make and ratify; as, to strike a bargain. To take forcibly or fraudulently; as, to strike money. [Old Slang] To level, as a measure of grain, salt, or the like, by scraping off with a straight instrument what is above the level of the top. To cut off, as a mortar joint, even with the face of the wall, or inward at a slight angle. To hit upon, or light upon, suddenly; as, my eye struck a strange word; they soon struck the trail. To borrow money of; to make a demand upon; as, he struck a friend for five dollars. [Slang] To lade into a cooler, as a liquor. B. Edwards. To stroke or pass lightly; to wave. Behold, I thought, He will . . . strike his hand over the place, and recover the leper. 2 Kings v. 11. To advance; to cause to go forward; -- used only in past participle. "Well struck in years." Shak. To strike an attitude, To strike a balance. See under Attitude, and Balance. -- To strike a jury (Law), to constitute a special jury ordered by a court, by each party striking out a certain number of names from a prepared list of jurors, so as to reduce it to the number of persons required by law. Burrill. -- To strike a lead. (a) (Mining) To find a vein of ore. (b) Fig.: To find a way to fortune. [Colloq.] -- To strike a ledger, or an account, to balance it. -- To strike hands with. (a) To shake hands with. Halliwell. (b) To make a compact or agreement with; to agree with. -- To strike off. (a) To erase from an account; to deduct; as, to strike off the interest of a debt. (b) (Print.) To impress; to print; as, to strike off a thousand copies of a book. (c) To separate by a blow or any sudden action; as, to strike off what is superfluous or corrupt. -- To strike oil, to find petroleum when boring for it; figuratively, to make a lucky hit financially. [Slang, U.S.] -- To strike one luck, to shake hands with one and wish good luck. [Obs.] Beau. & Fl. -- To strike out. (a) To produce by collision; to force out, as, to strike out sparks with steel. (b) To blot out; to efface; to erase. "To methodize is as necessary as to strike out." Pope. (c) To form by a quick effort; to devise; to invent; to contrive, as, to strike out a new plan of finance. (d) (Baseball) To cause a player to strike out; -- said of the pitcher. See To strike out, under Strike, v. i. -- To strike sail. See under Sail. -- To strike up. (a) To cause to sound; to begin to beat. "Strike up the drums." Shak. (b) To begin to sing or play; as, to strike up a tune. (c) To raise (as sheet metal), in making diahes, pans, etc., by blows or pressure in a die. -- To strike work, to quit work; to go on a strike.
STRIKEv.
Websters Unabridged Dictionary (1913) • 1913
To move; to advance; to proceed; to take a course; as, to strike into the fields. A mouse . . . struck forth sternly [bodily]. Piers Plowman. To deliver a quick blow or thrust; to give blows. And fiercely took his trenchant blade in hand, With which he stroke so furious and so fell. Spenser. Strike now, or else the iron cools. Shak. To hit; to collide; to dush; to clash; as, a hammer strikes against the bell of a clock. To sound by percussion, with blows, or as with blows; to be struck; as, the clock strikes. A deep sound strikes like a rising knell. Byron. To make an attack; to aim a blow. A puny subject strikes At thy great glory. Shak. Struck for throne, and striking found his doom. Tennyson. To touch; to act by appulse. Hinder light but from striking on it [porphyry], and its colors vanish. Locke. To run upon a rock or bank; to be stranded; as, the ship struck in the night. To pass with a quick or strong effect; to dart; to penetrate. Till a dart strike through his liver. Prov. vii. 23. Now and then a glittering beam of wit or passion strikes through the obscurity of the poem. Dryden. To break forth; to commence suddenly; -- with into; as, to strike into reputation; to strike into a run. To lower a flag, or colors, in token of respect, or to signify a surrender of a ship to an enemy. That the English ships of war should not strike in the Danish seas. Bp. Burnet. To quit work in order to compel an increase, or prevent a reduction, of wages. To become attached to something; -- said of the spat of oysters. To steal money. [Old Slang, Eng.] Nares. To strike at, to aim a blow at. -- To strike for, to start suddenly on a course for. -- To strike home, to give a blow which reaches its object, to strike with effect. -- To strike in. (a) To enter suddenly. (b) To disappear from the surface, with internal effects, as an eruptive disease. (c) To come in suddenly; to interpose; to interrupt. "I proposed the embassy of Constantinople for Mr. Henshaw, but my Lord Winchelsea struck in." Evelyn. (d) To join in after another has begun,as in singing. -- To strike in with, to conform to; to suit itself to; to side with, to join with at once. "To assert this is to strike in with the known enemies of God's grace." South. To strike out. (a) To start; to wander; to make a sudden excursion; as, to strike out into an irregular course of life. (b) To strike with full force. (c) (Baseball) To be put out for not hitting the ball during one's turn at the bat. -- To strike up, to commence to play as a musician; to begin to sound, as an instrument. "Whilst any trump did sound, or drum struck up." Shak.
STRIKEn.
Websters Unabridged Dictionary (1913) • 1913
The act of striking. An instrument with a straight edge for leveling a measure of grain, salt, and the like, scraping off what is above the level of the top; a strickle. A bushel; four pecks. [Prov. Eng.] Tusser. An old measure of four bushels. [Prov. Eng.] Fullness of measure; hence, excellence of quality. Three hogsheads of ale of the first strike. Sir W. Scott. An iron pale or standard in a gate or fence. [Obs.] The act of quitting work; specifically, such an act by a body of workmen, done as a means of enforcing compliance with demands made on their employer. Strikes are the insurrections of labor. F. A. Walker. A puddler's stirrer. The horizontal direction of the outcropping edges of tilted rocks; or, the direction of a horizontal line supposed to be drawn on the surface of a tilted stratum. It is at right angles to the dip. The extortion of money, or the attempt to extort money, by threat of injury; blackmailing. Strike block (Carp.), a plane shorter than a jointer, used for fitting a short joint. Moxon. -- Strike of flax, a handful that may be hackled at once. [Obs. or Prov. Eng.] Chaucer. -- Strike of sugar. (Sugar Making) (a) The act of emptying the teache, or last boiler, in which the cane juice is exposed to heat, into the coolers. (b) The quantity of the sirup thus emptied at once.
Strikename
Wiktionary (English) • 2026
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A surname.
strikeverb
Wiktionary (English) • 2026
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To delete or cross out; to scratch or eliminate. | To have a sharp or sudden physical effect, as of a blow. | To hit. | To have a sharp or sudden physical effect, as of a blow. | To give, as a blow; to impel, as with a blow; to give a force to; to dash; to cast. | To have a sharp or sudden physical effect, as of a blow. | To deliver a quick blow or thrust; to give blows. | To have a sharp or sudden physical effect, as of a blow. | To manufacture, as by stamping. | To have a sharp or sudden physical effect, as of a blow. | To run upon a rock or bank; to be stranded; to run aground. | To have a sharp or sudden physical effect, as of a blow. | To cause to sound by one or more beats; to indicate or notify by audible strokes. Of a clock, to announce (an hour of the day), usually by one or more sounds. | To have a sharp or sudden physical effect, as of a blow. | To sound by percussion, with blows, or as if with blows. | To have a sharp or sudden physical effect, as of a blow. | To cause or produce by a stroke, or suddenly, as by a stroke. | To have a sharp or sudden physical effect, as of a blow. | To cause to ignite by friction. | To thrust in; to cause to enter or penetrate. | To infest the flesh of a living vertebrate. | To have a sharp or severe effect on a more abstract level. | To punish; to afflict; to smite. | To have a sharp or severe effect on a more abstract level. | To carry out a violent or illegal action. | To have a sharp or severe effect on a more abstract level. | To act suddenly, especially in a violent or criminal way. | To have a sharp or severe effect on a more abstract level. | To impinge upon. | To have a sharp or severe effect on a more abstract level. | To impress, seem or appear to (a person). | To have a sharp or severe effect on a more abstract level. | To create an impression. | To have a sharp or severe effect on a more abstract level. | To score a goal. | To have a sharp or severe effect on a more abstract level. | To make a sudden impression upon, as if by a blow; to affect with some strong emotion. | To have a sharp or severe effect on a more abstract level. | To affect by a sudden impression or impulse. | To have a sharp or severe effect on a more abstract level. | To steal or rob; to take forcibly or fraudulently. | To have a sharp or severe effect on a more abstract level. | To borrow money from; to make a demand upon. | To touch; to act by appulse. | To hook (a fish) by a quick turn of the wrist. | To take down, especially in the following contexts. | To haul down or lower (a flag, mast, etc.) | To take down, especially in the following contexts. | To capitulate; to signal a surrender by hauling down the colours. | To take down, especially in the following contexts. | To stop working as a protest to achieve better working conditions. | To take down, especially in the following contexts. | To quit (one's job). | To take down, especially in the following contexts. | To dismantle and take away (a theater set; a tent; etc.). | To take down, especially in the following contexts. | To unfasten, to loosen (chains, bonds, etc.). | To set off on a walk or trip. | To pass with a quick or strong effect; to dart; to penetrate. | To break forth; to commence suddenly; with into. | To become attached to something; said of the spat of oysters. | To make and ratify; to reach; to find. | To discover a source of something, often a buried raw material such as ore (especially gold) or crude oil. | To level (a measure of grain, salt, etc.) with a straight instrument, scraping off what is above the level of the top. | To cut off (a mortar joint, etc.) even with the face of the wall, or inward at a slight angle. | To hit upon, or light upon, suddenly. | To lade thickened sugar cane juice from a teache into a cooler. | To stroke or pass lightly; to wave. | To advance; to cause to go forward; used only in the past participle. | To balance (a ledger or account). | To become saturated with salt. | To run, or fade in colour. | To do menial work for an officer.
strikenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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A status resulting from a batter swinging and missing a pitch, or not swinging at a pitch when the ball goes in the strike zone, or hitting a foul ball that is not caught. | The act of knocking down all ten pins on the first roll of a frame. | A work stoppage (or otherwise concerted stoppage of an activity) as a form of protest. | A blow or application of physical force against something. | An attack, not necessarily physical. | In an option contract, the price at which the holder buys or sells if they choose to exercise the option. | An old English measure of corn equal to the bushel. | The status of being the batsman that the bowler is bowling at. | The primary face of a hammer, opposite the peen. | The compass direction of the line of intersection between a rock layer and the surface of the Earth or another solid celestial body. | An instrument with a straight edge for levelling a measure of grain, salt, etc., scraping off what is above the level of the top; a strickle. | Fullness of measure; the whole amount produced at one time. | Excellence; quality. | An iron pale or standard in a gate or fence. | A puddler's stirrer. | The extortion of money, or the attempt to extort money, by threat of injury; blackmail. | The discovery of a source of something. | The strike plate of a door. | A nibble on the bait by a fish. | A cancellation postmark. | An imperfect matrix for type.

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