Legal Definitions - entry in casu consimili

The Latin term entry in casu consimili refers to the legal principle of applying an existing law or legal remedy to a new situation that is similar in nature to cases explicitly covered by that law, even if the new situation isn't directly mentioned in the original statute.

Essentially, it's about extending the spirit and intent of a law to a comparable scenario when a direct provision doesn't exist, ensuring that similar wrongs or situations receive similar legal treatment. It allows courts to adapt existing laws to new circumstances that share fundamental characteristics with those the law was originally designed to address.

Here are a few examples to illustrate this concept:

• Digital Property Theft: Imagine a state law, written decades ago, that makes it a crime to "steal tangible personal property," such as a car or a television. Now, consider a scenario where someone hacks into a person's online gaming account and steals a rare, valuable virtual item, like a unique digital sword or a plot of virtual land. This digital item, while having real-world value, isn't "tangible" in the traditional sense.

  A prosecutor might argue for an entry in casu consimili, asserting that although the law specifically refers to physical property, the underlying intent was to prevent the unlawful taking of valuable assets. The theft of the digital item, despite its intangible nature, is "in a like case" to the theft of physical property because it involves the unauthorized deprivation of something valuable from its rightful owner. A court might then apply the existing theft statute to this new digital context.

• Environmental Protection for New Pollutants: A foundational environmental law might prohibit the discharge of "industrial waste" into "navigable waterways." Years later, a new type of chemical pollutant is developed and found to be seeping into a large, non-navigable wetland that directly feeds into a protected navigable river, causing significant ecological damage.

  Environmental regulators could argue for an entry in casu consimili. While the wetland itself isn't a "navigable waterway" and the pollutant isn't strictly "industrial waste" as defined at the time the law was written, the harmful impact on the ecosystem and the ultimate threat to the navigable river are "in a like case" to the harms the original law sought to prevent. The court might extend the protections of the existing law to cover this new pollutant and affected area due to the similar nature of the environmental threat.

• Consumer Safety for Emerging Products: A consumer protection statute mandates strict labeling requirements for "food products" sold in grocery stores, detailing ingredients, nutritional information, and potential allergens. Later, a new category of highly processed "meal replacement shakes" or "nutritional supplements" emerges, sold online and in specialty stores, making significant health claims but providing minimal ingredient transparency.

  Consumer advocacy groups or regulatory bodies might argue for an entry in casu consimili. While these shakes or supplements might not be classified as traditional "food products," they are ingested for nutritional purposes, and consumers face similar risks if ingredients are undisclosed or allergens are present. The intent of the labeling law—to ensure consumer safety and informed choice regarding ingested items—is "in a like case" for these new products, warranting the application of similar regulatory standards.