The phrase “de minimis” is a Latin expression that signifies the law’s indifference towards insignificant matters. It implies that the law solely focuses on significant issues and does not concern itself with trivial matters.
De minimis non curat lex, a Latin phrase meaning “the law does not concern itself with trifles,” is commonly referred to as de minimis. It can be used to argue that minor violations or mistakes should not be subject to legal action. For instance, if someone receives a parking ticket for being one minute over the time limit, they may argue that the violation is de minimis and should not be enforced. Similarly, a company that accidentally underpays an employee by a few cents may argue that the amount is de minimis and not worth pursuing legal action over. These examples demonstrate how de minimis allows for the recognition that not every small infraction is worth pursuing and that some things can be overlooked.
– It is a Latin legal principle that translates to “the law does not concern itself with trifles.” It essentially means that the law does not consider insignificant or trivial matters.
– This principle is often used to dismiss or not consider minor infractions or violations of the law that have minimal impact or harm.
– It depends on the specific circumstances of the case and the laws applicable. Consulting with a legal professional would be the best course of action to determine if this defence is applicable.
– Examples include minor traffic violations, insignificant breaches of contract, or negligible copyright infringement.
– While the principle may be used to dismiss minor matters, it does not provide complete immunity from legal consequences. Each case is evaluated on its own merits.
– In copyright law, this principle may be used to dismiss claims of infringement for minimal or insubstantial use of copyrighted material.
– Employers should still strive to comply with labor laws, but minor and inconsequential violations may be dismissed under this principle.
– There is no specific threshold, and it can vary depending on the context of the case and the laws involved.
– It is less commonly used in criminal cases, as criminal law tends to have stricter standards for violations. However, it may still be applicable in certain circumstances.
– Consulting with a legal professional who can assess the specific details of your case is the best way to determine if this principle applies.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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