Legal Definitions - contra legem

Contra legem is a Latin phrase meaning contrary to law or against the law. It describes an action, decision, or interpretation that directly conflicts with an established legal rule, statute, or principle.

Here are some examples illustrating this concept:

• Example 1: Traffic Violation
  Imagine a driver who consistently exceeds the posted speed limit on a highway. The speed limit is a specific legal rule established by statute to ensure public safety. By driving faster than the law permits, the driver's actions are contra legem because they directly violate a clear legal requirement.

• Example 2: Judicial Ruling
  Consider a situation where a state law explicitly mandates that a certain type of evidence, such as hearsay, is inadmissible in a criminal trial unless it meets very specific exceptions. If a judge, without any legal basis for an exception, allows a prosecutor to present extensive hearsay evidence to the jury, that judicial decision would be considered contra legem. The judge's ruling directly contradicts an established rule of evidence law.

• Example 3: Contractual Clause
  Suppose a consumer enters into a contract for a new appliance, and one of the clauses states that the consumer waives all their rights under the state's consumer protection laws, even for major defects. If state law expressly prohibits such waivers as being against public policy and consumer rights, then that specific clause in the contract would be contra legem. It attempts to nullify legal protections that are mandated by statute, making that part of the agreement unenforceable because it goes against the law.