Legal Definitions - in foro externo

In foro externo is a Latin legal term, primarily used in ecclesiastical (church) law, that refers to matters heard or decided in a public, external court or tribunal. This term highlights that a case is being handled in a forum outside the church's internal, private processes (such as spiritual direction or internal disciplinary hearings). It specifically applies to legal disputes or actions that pertain to or affect the public, corporate life of the church, its property, or its operations as a recognized entity.

Here are some examples to illustrate this concept:

• Example 1: Property Dispute

  A local church congregation decides to sell a piece of land it owns to a commercial developer. A neighborhood association, concerned about the impact on local zoning and community character, files a lawsuit in a civil court to prevent the sale. This legal action would be considered to be taking place in foro externo because it is being heard in a secular, public court, rather than through an internal church process, and it directly affects the church's property and its public actions as a corporate entity.

• Example 2: Employment Lawsuit

  A former administrative assistant at a church-affiliated school believes they were unfairly dismissed and files a wrongful termination lawsuit against the school and the overarching church organization in a state labor court. This case is being handled in foro externo because it is an external, secular court addressing a dispute that impacts the church's responsibilities as an employer and its corporate liabilities.

• Example 3: Contractual Obligation

  A church contracts with a construction company to build a new community center. A dispute arises over payment for additional work, and the construction company sues the church for breach of contract in a civil court. This situation is an example of a matter being litigated in foro externo, as it involves an external, public court resolving a contractual disagreement that directly affects the church's finances and its public obligations as an organization.