- war
- A state of activity in which a nation prosecutes its rights or its claims by force of arms. 56 Am J1st War § 12. An armed struggle or contest by force carried on for any purpose between two or more nations or states exercising at least de facto authority over persons within a given territory and commanding an army prepared to observe the laws of war. 56 Am J1st War § 2. The exercise of force by bodies politic against each other and under the authority of their respective governments with a purpose of coercion. Carce v State, 83 Tex Crim 292, 202 SW 951. An armed conflict between sovereign powers, characterized by declared and open hostilities. West v Palmetto State Life Ins. Co. 202 SC 422, 25 SE2d 475, 145 ALR 1461. A conflict between nations, commencing with a formal declaration of war. West v Palmetto State Life Ins. Co. 202 SC 422, 25 SE2d 475, 145 ALR 1461. Although Congress has, in certain enactments, recognized the operation of United States military forces in Korea and has appropriated funds for their support, the conflict is not a "war" in the constitutional or legal sense in the absence of a declaration of war by Congress. Beley v Pennsylvania Mut. Life Ins. Co. 373 Pa 231, 95 A2d 202, 36 ALR2d 996. As to what constitutes a "war" within the meaning of the term as it appears in the provisions of a life or accident insurance policy, see Anne: 36 ALR2d 1037. As to what constitutes a "war" within the meaning of the term in reference to an excuse for nonperformance of a contract, see Anno: 137 ALR 1249. See duration of war; law of war; perfect war.
Ballentine's law dictionary. Anderson, W.S.. 1998.