A judge is a law student who marks his own examination papers.

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Legal Definitions - dead letter

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Definition of dead letter

The term dead letter has two primary meanings in a legal and practical context:

1. A law or practice that, although not formally abolished, is no longer used, observed, or enforced.

  • Explanation: This refers to a rule, regulation, or custom that technically remains in effect but has become irrelevant or ignored over time. It might be due to societal changes, the introduction of newer laws, or simply a lack of enforcement by authorities. While it hasn't been officially repealed, it has no practical impact.

  • Example 1: A small town might have an old ordinance on its books from the early 20th century that prohibits residents from washing their cars on Sundays. However, no one in the town remembers or adheres to this rule, and the local police have never issued a citation for it in decades. People regularly wash their cars on Sundays without consequence.

    How it illustrates the term: This ordinance is a dead letter because, despite its formal existence, it is completely disregarded and unenforced, having lost all practical relevance in modern community life.

  • Example 2: Many states still have laws related to dueling or specific forms of public transportation that are now obsolete. For instance, a state law might require horse-drawn carriages to display a specific type of lantern after dark. While this law might technically remain on the statute books, horse-drawn carriages are no longer a common mode of transport, and modern vehicle laws have superseded such specific requirements.

    How it illustrates the term: This law is a dead letter because the circumstances it was designed to regulate no longer exist in a meaningful way, and modern legislation has rendered it irrelevant and unenforced.

2. A piece of mail that can be neither delivered nor returned because it lacks correct addresses for both the intended recipient and the sender.

  • Explanation: This refers to physical mail (letters, packages, etc.) that the postal service cannot successfully deliver to its destination and also cannot send back to the original sender because critical addressing information for both parties is either missing or incorrect.

  • Example 1: A person sends a holiday card to a friend, but accidentally writes the wrong street number for the recipient and forgets to include their own return address on the envelope. When the postal service attempts delivery and finds the address invalid, they cannot deliver it, nor can they send it back to the sender.

    How it illustrates the term: This card becomes a dead letter because the postal service has no way to complete its journey, either forward to the recipient or backward to the sender, due to insufficient addressing information.

  • Example 2: A small business mails a promotional brochure to a potential client, but the client's business has recently moved to a new location, and the old address is no longer valid. If the sending business also failed to put its own return address on the mailing, the postal service cannot return the undeliverable brochure, and it will be processed as a dead letter.

    How it illustrates the term: The promotional brochure is a dead letter because, without a valid recipient address and no return address, it is impossible for the postal service to complete the delivery cycle.

Simple Definition

A "dead letter" refers to something that formally exists but has lost its practical effect or utility. This term commonly describes a law or practice that, though not officially abolished, is no longer observed, used, or enforced. It can also refer to a piece of mail that cannot be delivered to the recipient or returned to the sender due to a lack of correct addresses for both parties.

If we desire respect for the law, we must first make the law respectable.

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