Legal Definitions - literae mortuae

Literae mortuae is a Latin term that literally translates to "dead letters." In a legal context, it refers to words or phrases within a statute, contract, or other legal document that are considered superfluous, redundant, or without substantive legal effect. These words do not add to the meaning, scope, or enforceability of the law or agreement and could often be removed without altering its legal impact.

• Example 1: Modern Legislative Drafting

  Imagine a new environmental protection law that states: "The Department of Environmental Quality is hereby authorized and empowered to issue permits for industrial discharges into waterways." The phrase "is hereby authorized and empowered to" is often considered literae mortuae. Simply stating "The Department of Environmental Quality may issue permits..." or "The Department of Environmental Quality shall issue permits..." would convey the exact same legal authority and obligation. The extra words add no additional legal power or clarification.

• Example 2: Archaic Contract Language

  Consider an old property deed that includes a clause stating: "This covenant shall run with the land forever and ever, world without end, and shall be binding upon all heirs, successors, and assigns, both now and in perpetuity." While the intent is to make the covenant perpetual and binding on future owners, much of the italicized phrasing is redundant. "Forever and ever, world without end" and "both now and in perpetuity" are repetitive ways of expressing permanence. Modern drafting would likely use more concise language like "This covenant shall run with the land perpetually and bind all successors and assigns," making the extra words literae mortuae.

• Example 3: Regulatory Boilerplate

  A government regulation on public health might begin: "It is hereby declared and affirmed that it is mandatory for all food service establishments to display their health inspection grades prominently." The introductory phrase "It is hereby declared and affirmed that it is" serves as verbose boilerplate. The regulation would have the same legal force and clarity if it simply stated: "It is mandatory for all food service establishments to display their health inspection grades prominently." The initial words are filler that do not contribute to the substantive legal requirement.