Legal Definitions - juris et de jure

The Latin phrase juris et de jure translates to "of law and of right." In legal terms, it refers to a presumption that is considered absolutely conclusive and cannot be challenged or disproven, even if evidence exists to the contrary. It signifies an irrebuttable presumption, meaning the law treats a certain fact as undeniably true, regardless of any attempts to argue otherwise.

Here are some examples to illustrate this concept:

• Example 1: Age of Criminal Responsibility

  Many legal systems establish a minimum age below which a person is juris et de jure presumed incapable of forming criminal intent. For instance, if a jurisdiction's law states that a child under the age of seven cannot be held criminally responsible, then no amount of evidence suggesting the child understood the wrongfulness of their actions will be accepted to prosecute them for a crime. The law simply considers this presumption of incapacity as an absolute truth that cannot be argued against.

• Example 2: Finality of a Court Judgment

  Once a final judgment has been issued by a court in a civil case and all avenues for appeal have been exhausted or the time for appeal has passed, certain facts established by that judgment are considered juris et de jure true between the parties involved. For example, if a court definitively rules on the ownership of a specific piece of property after a full trial, that ruling cannot be challenged again by the same parties in a new lawsuit, even if one party later claims to have found new evidence. The law presumes the final judgment correctly settled the matter, and this presumption cannot be rebutted by the original parties.