Define: Strictum Jus

Strictum jus is a Latin term that translates to “strict law” in English. It refers to a legal principle that requires strict adherence to the letter of the law, without any room for interpretation or discretion.

Strictum jus can impact legal proceedings by limiting the ability of judges or decision-makers to deviate from the literal interpretation of the law. It means that the law must be applied exactly as written, without considering any extenuating circumstances or personal judgment.

While strictum jus generally requires strict adherence to the law, there may be certain exceptions or legal doctrines that allow for some flexibility. For example, the doctrine of equity may be applied in certain cases to prevent an unjust outcome.

Strictum jus differs from other legal principles, such as equity or fairness, as it focuses solely on the literal interpretation of the law. It does not take into account the intent behind the law or the specific circumstances of a case.

In some cases, strict adherence to the letter of the law without considering extenuating circumstances can lead to unjust outcomes. This is why legal systems often incorporate other principles, such as equity, to balance the strict application of the law.

Strictum jus can play a role in contract interpretation by requiring courts to strictly interpret the language used in the contract. This means that the court will give the words their plain and ordinary meaning, without considering any extrinsic evidence or intent of the parties.

Yes, strictum jus can be overridden by other legal principles, such as equity or public policy. If applying strictum jus would lead to an unjust or unreasonable outcome, courts may deviate from the strict interpretation of the law.

Yes, strictum jus can apply to criminal law, particularly in cases where the language of the statute is clear and unambiguous. In such cases, courts are bound to apply the law as written, without considering any mitigating factors.

Strictum jus plays a significant role in statutory interpretation by requiring courts to interpret statutes according to their plain and ordinary meaning. This means that courts will not read into the statute or add any additional requirements beyond what is explicitly stated.

While strictum jus is a fundamental legal principle, it can be challenged in court if it leads to an unjust or unreasonable outcome. Parties can argue for the application of other legal principles or exceptions that may allow for a more equitable resolution.