Legal Definitions - ab extra

Ab extra is a Latin term meaning "from outside" or "from an external source." In legal contexts, it refers to something that originates or comes into play from beyond the usual or expected boundaries, scope, or internal workings of a situation.

Here are some examples to illustrate this concept:

• Jury Deliberations: Imagine a criminal trial where, during deliberations, a juror conducts their own online research about the defendant's background, finding information that was not presented as evidence in court. This information would be considered to have come to the jury ab extra. The legal system requires juries to base their decisions solely on the evidence and testimony presented within the courtroom. Any external information could compromise the fairness of the trial, potentially leading to a mistrial.

• Jurisdictional Authority: Consider a state court that attempts to issue a binding order concerning a piece of property located entirely in a different state. The first state court would be attempting to exercise its authority ab extra – beyond its established geographical and legal jurisdiction. Courts generally only have power over people and property within their specific territorial boundaries.

• Contract Interpretation: When interpreting a written contract, courts primarily look at the language contained within the document itself. However, if a term in the contract is ambiguous, one party might try to introduce evidence, such as prior email exchanges or verbal agreements, to clarify its meaning. This external evidence would be considered ab extra to the written contract. While courts prefer to interpret contracts based on their internal text, they may sometimes consider such outside information to understand the parties' true intentions if the contract's terms are genuinely unclear.