Legal Definitions - via ordinaria

Via ordinaria is a Latin term that translates to "ordinary way" or "ordinary course." In a legal context, it refers to the standard, established, or usual procedure that must be followed to resolve a legal matter. It signifies adhering to the regular rules and steps prescribed by law or regulation, rather than pursuing an expedited, exceptional, or special process.

• Example 1: Civil Lawsuit Progression

  Imagine a situation where a person files a lawsuit against a neighbor for property damage. The case would typically proceed through a series of standard steps: filing a complaint, serving the defendant with legal papers, engaging in discovery (where both sides exchange information and evidence), potentially participating in mediation, and if no settlement is reached, proceeding to a trial. If either party is dissatisfied with the trial's outcome, they might then pursue an appeal.

  This illustrates via ordinaria because all parties are expected to follow this prescribed sequence of legal actions and deadlines, which is the standard path for civil litigation, rather than seeking an immediate judgment or an unusual shortcut.

• Example 2: Administrative Permit Application

  Consider a small business owner applying for a permit to open a new restaurant in a city. The application process would typically involve submitting detailed plans to the city's planning department, undergoing review by various municipal agencies (like health and safety), potentially attending a public hearing, and awaiting a decision from the relevant city council or zoning board, all in accordance with established local ordinances and timelines.

  This demonstrates via ordinaria as the business owner must navigate the standard, step-by-step administrative process laid out in local regulations, rather than attempting to bypass steps or seek an extraordinary, expedited approval.

• Example 3: Estate Administration

  When a person passes away and leaves a will, their estate typically goes through a process called probate. The executor named in the will would file the will with the probate court, notify beneficiaries and creditors, create an inventory of all assets, pay any outstanding debts and taxes, and then distribute the remaining assets according to the will's instructions. This entire process is overseen by the court and follows specific state probate laws.

  This exemplifies via ordinaria because the administration of the estate follows the regular, legally mandated sequence of actions and court oversight for settling a deceased person's affairs, rather than an informal or non-judicial distribution of assets.