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Simple English definitions for legal terms
jus moribus constitutum
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A quick definition of jus moribus constitutum:
Term: JUS MORIBUS CONSTITUTUM
Definition: Jus moribus constitutum is a type of law that is not written down as a statute or ordinance, but is based on customs and traditions. This type of law is also known as unwritten law, and includes case law. Judges use reasoning to determine the rules of law from previous cases, and these rules become part of the unwritten law. Essentially, it is a way of making decisions based on what has been done in the past, rather than creating new laws.
A more thorough explanation:
Definition: Jus moribus constitutum is a Latin term that refers to unwritten law. It is a law that has not been enacted in the form of a statute or ordinance but has the sanction of custom. This term traditionally includes case law.
Example: In some states, it is customary for a driver to yield to pedestrians at a crosswalk, even if there is no traffic signal. This is an example of jus moribus constitutum because it is not a written law but has the sanction of custom.
Explanation: The example illustrates that jus moribus constitutum is a law that is based on custom and tradition. It is not a written law, but it is still considered a valid law because it has been accepted and followed by society. In this case, the custom of yielding to pedestrians at a crosswalk has become a part of the unwritten law in some states.