RESISTANCE. The opposition1 of force to force.
2. Resistance is either lawful2 or unlawful. 1. It is lawful to resist one who is in the act of committing a felony or other crime, or who maliciously3 endeavors to commit such felony or crime. See self defence. And a man may oppose force to force against one who endeavors to make an arrest, or to enter his house without lawful authority for the purpose; or, if in certain cases he abuse such authority, and do more than he was authorized4 to do; or if it turn out in the result he has no right to enter, then the party about to be imprisoned6, or whose house is about to be illegally entered, may resist the illegal imprisonment7 or entry by self-defence, not using any dangerous weapons, and may escape, be rescued, or even break prison, and others may assist him in so doing. 5 Taunt8. 765; 1 B. & Adol, 166; 1 East, P. C. 295; 5 East, 304; 1 Chit. Pr. 634. See Regular and Irregular Process.
3. - 2. Resistance is unlawful when the persons having a lawful authority to arrest, apprehend9, or imprison5, or otherwise to advance or execute the public justice of the country, either civil or criminal, and using the proper means for that purpose, are resisted in so doing; and if the party guilty of such resistance, or others assisting him, be killed in the struggle, such homicide is justifiable10; while on the other hand, if the officer be killed, it will, at common law, be murder in those who resist. Fost. 270; 1 Hale, 457; 1 East, P. C. 305.
RESOLUTION. A solemn judgment11 or decision of a court. This word is frequently used in this sense, in Coke and some of the more ancient reporters. It also signifies an agreement to a law or other thing adopted by a legislature or popular assembly. Vide Dict. de Jurisp. h. t.
RESOLUTION, Civil law. The act by which a contract which existed and was good, is rendered null.
2. Resolution differs essentially12 from rescission. The former presupposes the contract to have been valid13, and it is owing to a cause posterior to the agreement that the resolution takes place; while rescission, on the contrary, supposes that some vice14 or defect annulled15 the contract from the beginning. Resolution may be by consent of the parties or by the decision of a competent tribunal; rescission must always be by the judgment of a court. 7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. Dict. h. t.
RESOLUTORY CONDITION. On which has for its object, when accomplished16, the revocation17 of the principal obligation; for example, I will sell you my crop of cotton, if my ship America does not arrive in the United States, within six months. My ship arrives in one month, my contract with you is revoked18. 1 Bouv. Inst. n. 764.
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