Latin for Lawyers

EXTRA VIAM

EXTRA VIAM [L. extra + via / road, highway, way] Outside the road. Off the regular and usual path. EXTRA VIAM RIGHTS

The right of a traveler to pass over the lands of an abutting owner without being charged in trespass when a road or highway is impassable. The right of the owner of an easement to pass over servient property when the servient owner has obstructed the easement. See SERVIENT EXTRA VIRES [L. extra + vis, vires / force, strength, power] Beyond the power of. See ULTRA VIRES EXTREME CRUELTY [L. exter, exterior, extremus / on the outer edge, extreme + crudelis / unfeeling, cruel] In family law, violence or the threats of violence by one spouse upon another. Acts of one spouse calculated to destroy the health or peace of mind of the other. Recognized in most jurisdictions as grounds for divorce. EXTREMIS [L. exter, exterior, extremus / outward, at the outer limits of, at the end] A situation or circumstance of extreme concern or seriousness, such as illness or injury. Used to describe imminent death. See IN EXTREMIS EXTREMIS PROBATIS, PRAESUMUNTER MEDIA If the extremes at either end of a problem are solved, all things or issues between the extremes are also deemed solved. EXTRINSIC [L. exter / from without, foreign + sequor, sequi / to follow] Originating from an outside source. Extrinsic evidence is evidence which is not apparent from the face of a document, but is derived from external sources, e.g., through testimony of the parties. An extrinsic ambiguity is an ambiguity or question which is not apparent on the face of the document but is created by some collateral fact or circumstance external to the document. See INTEGRATED CONTRACT; INTRINSIC EX TURPI CAUSA [L. ex + turpis / unsightly, deformed, foul, base, disgrace ful + causa / a case, an action] A claim or action based on the defendant’s violation of a law forbidding some conduct or act.

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