英文法律词典 V-14

VEXED QUESTION, vexata quaestio. A question or point of law often discussed or agitated, but not determined nor settled.

VI ET ARMIS. With force and arms. When man breaks into another's close vi et armis, he may be opposed force by force, for there is no time to request him to go away. 2 Salk. 641; 8 T. R. 78, 357.

2. These words are universally inserted in a writ of trespass, because they point out that the act has been done with force, and they are technical words to designate this offence. Ham. N. P. 4, 10, 12; 1 Chit. Pl. 122 to 125; and article Force.

VIA. A cart-way, which also includes a foot-way and a horse-way. Vide Way.

VIABLE, Vitae habilis, capable of living. This is said of a child who is born alive in such an advanced state of formation as to be capable of living. Unless be is born viable he acquires no rights and cannot transmit them to his heirs, and is considered as if he bad never been born.

2. This term is used In the French law, Toull. Dr. Civ. Fr. tome 4, p. 101 it would be well to engraft it on our own Vide Traill. Med. Jur. 46, and Dead Born.

VIABILITY, med. jur. An aptitude to live after birth; extra uterine life. 1 Briand. Med. Leg. 1ere partie, c. 6, art. 2. See 2 Sav. Dr. Rom. Append. III. for a learned discussion of this subject.

VICE. A term used in the civil law and in Louisiana, by which is meant a defect in a thing; an imperfection. For example, epilepsy in a slave, roaring and crib-biting in a horse, are vices. Redhibitory vices are those for which the seller will be compelled to annul a sale, and take back the thing sold. Poth. Vente, 203; Civ. Code of Lo. art. 2498 to 2507; 1 Duv. n. 396.