Legal Definitions - via juris

Via juris is a Latin legal term that refers to the proper and established legal procedure or course of action that must be followed to achieve a specific legal outcome. It emphasizes adherence to the correct legal methods and processes prescribed by law. Essentially, it means doing things "the legal way" or through the appropriate legal channels.

• Example 1: Resolving a Property Boundary Dispute

  Imagine two neighbors disagree over where their property line truly lies. Instead of one neighbor simply moving a fence or erecting a new one, they decide to pursue the matter legally. To resolve this dispute via juris, they would need to file a formal complaint with the court, present surveys and deeds as evidence, adhere to court deadlines, and ultimately obtain a judgment from a judge or jury. This process ensures that the resolution is legally binding and follows established rules of evidence and procedure.

  This example illustrates via juris because the neighbors are using the prescribed legal system—filing a lawsuit, presenting evidence in court, and obtaining a judicial decision—rather than attempting to resolve the dispute through non-legal or self-help methods.

• Example 2: Establishing a Valid Will

  A person wants to ensure that their assets are distributed exactly according to their wishes after they pass away. To achieve this via juris, they must create a will that complies with all the specific legal requirements of their jurisdiction. This typically includes drafting the will in writing, signing it in the presence of a certain number of witnesses, and having those witnesses also sign the document. If these legal steps are not followed, the will might be deemed invalid, and the assets could be distributed according to default state laws rather than the deceased's intentions.

  This example demonstrates via juris because the individual is using a legally recognized instrument (a properly executed will) and following the precise legal steps (writing, signing, witnessing) to ensure their post-mortem wishes have legal effect.

• Example 3: Adopting a Child

  A couple wishes to legally adopt a child and become their rightful parents. To do this via juris, they must navigate a formal legal process that typically involves extensive background checks, home studies by social workers, filing petitions with the family court, attending court hearings, and obtaining a final adoption order signed by a judge. Skipping any of these legally mandated steps would mean the adoption is not legally recognized, and the couple would not have parental rights.

  This example highlights via juris as the couple must follow a detailed, multi-step legal pathway, including court involvement and judicial approval, to establish a new, legally recognized parent-child relationship.