Legal Definitions - jus strictum

Jus strictum is a Latin legal term that refers to a principle where a law, contract, or legal rule is interpreted and applied strictly according to its exact wording. This approach emphasizes the literal meaning of the text, giving little to no consideration to broader context, the spirit of the law, the parties' original intent, or potential fairness issues that might arise from such a rigid application. It means enforcing the "letter of the law" precisely as written, even if the outcome seems harsh or unintended.

Here are some examples to illustrate the concept of jus strictum:

• Contractual Deadlines: Imagine a construction contract that explicitly states, "All work must be completed and certified by an independent inspector no later than October 31st at 5:00 PM." If the contractor finishes the work and the inspector certifies it at 5:05 PM on October 31st, a party relying on jus strictum could argue that the condition was not met precisely as written. Even if the delay was minimal and had no practical impact, the literal terms of the contract were violated, potentially allowing the other party to exercise a penalty clause or terminate the agreement based solely on the strict adherence to the deadline.

• Statutory Requirements for Filing: Consider a law that mandates, "Any appeal must be filed with the court clerk, in triplicate, on blue legal-sized paper, within 30 days of the judgment." If a lawyer files an appeal within the 30-day window, but submits it on white legal-sized paper, or only in duplicate, a court applying jus strictum might dismiss the appeal. The court would not consider the intent to file a timely appeal or the immaterial nature of the paper color or number of copies; instead, it would strictly enforce every specific procedural requirement outlined in the statute.

• Specific Conditions in a Will: Suppose a will states, "My antique watch collection shall pass to my nephew, provided he graduates from law school before his 25th birthday." If the nephew graduates from law school at 25 years and one month old, even if he started early and finished quickly, a strict interpretation (jus strictum) would mean he does not inherit the watches. The condition, as literally written, was not met, regardless of the nephew's efforts or the potential underlying intent of the testator (the person who made the will) to reward academic achievement.