Latin for Lawyers

ULTIMATE

ULTIMATE [L. ultimus / farthest, last, final] Most remote in space and time. The most extreme. The end of the line. Inca pable of further analysis or definition. An ultimate fact is a fact necessary to the determination of an issue or to a final verdict or decision. A fact without which a decision cannot be supported or justified. An ultimate finding or issue is a question which must be resolved in order for the court to reach and render a decision. ULTIMATUM [L. ultimus / the highest, the most extreme] A declaration of final proposals and demands in a negotiation or conflict. The last and final proposal before other and more severe action. A final offer before a strike in a labor dispute or before war in a conflict between nations. ULTIMA VOLUNTAS [L. ultimus / last, final + voluntas / wish, desire] A person’s last willing act. A final statement of wishes and intent. A last will and testament. ULTIMUS HAERES [L. ultimus / last, final + heres ( haeres ) heir, heiress, suc cessor] The last heir. The end of a line. ULTRA VIRES [L. ultra / beyond, on the far side + vis , vires / force, power strength] Any act performed without authority. Acts by a corporation beyond the pow ers granted in its charter or articles of incorporation. Generally, acts per formed by a corporation which are not permitted under the laws of the state of incorporation or the state(s) in which the corporation does business, or which, if they are permitted, are performed in an unlawful or irregular way. An ultra vires act, e.g., an ultra vires contract, is unenforceable. See EXTRA VIRES; INTRA VIRES UMBRELLA POLICY [L. umbra / a shade or shadow; a shady place + polio , polire / to polish; make smooth; to adorn] In insurance law, a policy which affords coverage against loss in excess of the coverage provided by all other policies together or against losses not other wise covered. A supplemental or excess-liability policy which provides cov erage above basic limits. Umbrella policies are used to provide overriding coverage against loss by fire or motor vehicle operation. UMPIRE [L. um, non / not + par / equal, a match] One having the final authority to impose a binding decision in a dispute or controversy. A third party designated to consider and resolve a labor dispute. When two arbitrators disagree, an umpire is a third person who will consider

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