Legal Definitions - in exitu

In exitu is a historical legal term derived from Law Latin, meaning "in issue" or "at issue." When something is described as in exitu, it refers to a specific fact, legal question, or point of contention that is central to a case and must be resolved by a court, jury, or tribunal. It signifies the particular matters that are disputed between parties and require evidence, argument, and deliberation to determine the truth or the correct legal application.

• Example 1: Civil Lawsuit - Disputed Fact

  In a personal injury lawsuit following a car accident, the plaintiff claims they suffered a severe neck injury directly caused by the collision. The defendant, however, presents evidence suggesting the plaintiff had a pre-existing neck condition and that the accident did not cause any new injury or significant aggravation.

  Here, the direct cause and extent of the plaintiff's neck injury is in exitu. The court must hear medical testimony and review evidence from both sides to determine whether the accident was indeed the cause of the claimed injury, as this factual dispute is central to establishing the defendant's liability and the amount of damages.

• Example 2: Criminal Case - Disputed Element

  During a trial for theft, the prosecution argues that the defendant took an item with the intent to permanently deprive the owner of it. The defense counters by claiming the defendant only borrowed the item temporarily, intending to return it, and therefore lacked the necessary criminal intent for theft.

  In this scenario, the defendant's specific intent at the time of taking the item is in exitu. The jury must weigh the evidence presented by both the prosecution and the defense to decide whether the defendant possessed the intent to permanently deprive the owner, as this is a crucial element that must be proven beyond a reasonable doubt for a conviction.

• Example 3: Administrative Hearing - Disputed Interpretation

  A local business is appealing a zoning violation fine issued by the city. The city interprets a particular zoning ordinance to prohibit the business's outdoor signage, while the business argues that their signage falls under a specific "historic district exemption" clause within the same ordinance.

  The correct interpretation and application of the "historic district exemption" within the zoning ordinance is in exitu. The administrative appeals board must analyze the legal language of the ordinance and consider arguments from both the city and the business to determine whether the signage is indeed exempt, as this is the core legal question in dispute.