Legal Definitions - littera

Littera is a Latin term meaning "letter." In legal contexts, it refers to the precise, literal wording of a statute, contract, will, or any other legal document, rather than its underlying intent, purpose, or "spirit." When legal professionals refer to the littera of the law, they are emphasizing a strict adherence to the exact words as they are written.

• Example 1: Statutory Interpretation

  A local ordinance states, "No person shall operate a motorized vehicle on the public walking trails." A person is cited for riding an electric scooter on a trail. The defense argues that the spirit of the law was to prevent large, noisy vehicles like cars and motorcycles, not quiet, personal mobility devices. However, a judge applying the littera of the law might rule that an electric scooter is indeed a "motorized vehicle" according to the plain meaning of the words, regardless of the perceived intent to exclude smaller devices.

  This example illustrates littera because the judge is focusing solely on the exact words "motorized vehicle" as written in the ordinance, rather than attempting to infer a broader or narrower intent behind the rule.

• Example 2: Contractual Obligation

  A business contract for software development specifies that "all deliverables must be submitted by 5:00 PM EST on October 31st." The developer completes the work and submits it at 5:05 PM EST on October 31st. Even if the five-minute delay caused no actual harm or inconvenience to the client, the client could argue that the developer failed to meet the deadline based on the littera of the contract, which explicitly stated the exact time.

  Here, littera is demonstrated by the strict interpretation of the precise time and date specified in the contract, holding the developer to the exact wording without considering the minor nature of the deviation or its practical impact.

• Example 3: Testamentary Disposition (Wills)

  A will contains a clause stating, "I bequeath my entire collection of rare coins to my nephew, John Smith." Years later, John Smith passes away before the person who wrote the will. When the will is probated, some family members argue that the coin collection should go to John's children, as that would align with the presumed intent of the deceased to keep the collection within the family line. However, if the will's littera does not include an alternative beneficiary in case John Smith predeceases the testator, a court might rule that the bequest to John Smith lapses, and the coin collection becomes part of the residuary estate, to be distributed according to other general provisions of the will or intestacy laws.

  This situation highlights littera because the court would be bound by the exact wording of the will, which only named John Smith, rather than attempting to infer a broader intent to benefit his descendants if the will itself did not explicitly state such a contingency.