Jus strictum, a Latin term meaning “strict law,” pertains to the interpretation of law that adheres strictly to the literal wording of the law. This stands in opposition to jus aequum, which permits more flexibility in interpretation. In simpler terms, jus strictum signifies that the law is interpreted precisely as it is written, without any allowance for interpretation or leniency.
Jus Strictum, which means “strict law” in Latin, refers to the interpretation of law that strictly adheres to the literal wording of the law. In Roman law, jus strictum was used to describe the interpretation of law without any leniency or flexibility. This means that the law was applied exactly as written, without taking into account the circumstances or context of the situation. For instance, if a law states that anyone caught stealing must pay a $1000 fine, regardless of their personal circumstances or the value of the stolen item, jus strictum would require the full fine to be paid. Similarly, if a law states that all vehicles must come to a complete stop at a stop sign, even if there is no other traffic and it is safe to proceed, rolling through the stop sign would be considered a violation of the law under jus strictum. These examples demonstrate the concept of jus strictum, where the law is applied strictly as written, without considering the specific circumstances. While this approach can sometimes result in outcomes that appear unfair or excessively harsh, it is inherent to the strict interpretation of the law.
Jus Strictum is a legal principle that refers to strict liability, which means that a person or entity can be held liable for damages or harm caused, regardless of whether they were negligent or intended to cause harm.
Cases involving dangerous or hazardous activities, such as manufacturing and selling defective products, operating a nuclear power plant, or keeping wild animals as pets, often involve Jus Strictum.
Negligence requires proof that the defendant breached a duty of care owed to the plaintiff, while Jus Strictum does not require proof of fault or negligence.
Yes, a person or entity can be held strictly liable for the actions of others if they have control over the activity or situation that caused the harm.
Defenses such as assumption of risk, contributory negligence, and comparative fault may be available in Jus Strictum cases.
Damages such as medical expenses, lost wages, pain and suffering, and punitive damages may be recoverable in Jus Strictum cases.
In some cases, Jus Strictum can be waived or limited by contract, but the validity of such waivers or limitations may depend on the specific circumstances of the case.
The burden of proof in Jus Strictum cases is typically on the plaintiff to prove that the defendant’s actions or products caused the harm.
Yes, in some cases, criminal charges may be brought under Jus Strictum, such as in cases involving environmental crimes or workplace safety violations.
You can search for lawyers who specialize in Jus Strictum cases online or through legal directories, or ask for referrals from friends or family members who have had similar legal issues.
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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