Legal Definitions - black letter law

Black letter law refers to the fundamental, well-established, and generally undisputed legal principles that form the bedrock of a legal system. These are the basic rules that are so widely accepted and have been consistently applied over a long period that they are rarely challenged or debated in court. Think of them as the core, foundational truths of the law that legal professionals learn and apply without significant question.

Judges often refer to black letter law when a case involves these clear, foundational principles, rather than needing to cite specific, complex case precedents to justify their reasoning.

• Example 1: Criminal Intent

  In criminal law, it is a black letter principle that for most serious crimes (felonies), the prosecution must prove not only that the defendant committed the prohibited act (the "actus reus") but also that they had a specific criminal intent (the "mens rea"). For instance, to be convicted of burglary, a person must not only enter a building without permission but also do so with the intent to commit a crime inside. This dual requirement of act and intent is a fundamental, undisputed rule.

  This illustrates black letter law because the concept of requiring both a guilty act and a guilty mind for criminal liability is a universally accepted and foundational principle taught in every law school and applied in virtually every criminal court, rarely subject to legal dispute itself.

• Example 2: Real Estate Contracts

  A widely recognized black letter rule, often stemming from the Statute of Frauds, dictates that any contract for the sale of real estate must be in writing to be legally enforceable. An oral agreement to buy or sell a house, even if both parties agree to it, is generally not binding in court.

  This illustrates black letter law because the requirement for a written contract in real estate transactions is a clear, technical, and long-standing rule that is not open to interpretation or debate. It's a basic legal fact that lawyers and the public generally understand and rely upon.

• Example 3: Service of Process

  In civil litigation, a black letter rule states that a defendant must be properly "served" with a summons and complaint to officially notify them of a lawsuit and give the court jurisdiction over them. This means the legal documents must be delivered in a specific, legally prescribed manner (e.g., in person, by certified mail, etc.). If service is improper, the lawsuit cannot proceed against that defendant.

  This illustrates black letter law because the necessity of proper service of process is a fundamental procedural requirement that ensures fairness and due process. It's a non-negotiable step in initiating a lawsuit, with established rules that are consistently applied across jurisdictions.