Legal Definitions - per legem terrae

per legem terrae

This Latin phrase translates to "by the law of the land" or "by due process of law." It signifies that any action, especially by a government or legal authority, must be carried out in accordance with established legal principles, procedures, and rights that are recognized within a particular jurisdiction. It emphasizes fairness, adherence to rules, and the protection of individual liberties against arbitrary power.

• Example 1: Criminal Proceedings

  Imagine a situation where an individual is accused of a crime. For the legal process to be considered valid per legem terrae, the accused must be formally charged, informed of their rights (like the right to remain silent and the right to an attorney), and given a fair opportunity to present their defense in court. The police cannot simply detain someone indefinitely without cause, nor can a judge convict them without a trial that follows established legal rules and evidence procedures.

• Example 2: Government Acquisition of Private Property

  Consider a local government that wishes to build a new highway and needs to acquire private land for the project. The government cannot simply take the property. To act per legem terrae, it must follow specific eminent domain laws, which typically require providing fair market compensation to the property owner, giving proper notice, and allowing the owner an opportunity to challenge the acquisition or the compensation offered through legal channels. This ensures the government's power is exercised according to established legal frameworks, not arbitrarily.

• Example 3: Professional Licensing and Disciplinary Actions

  Suppose a professional licensing board receives a complaint against a licensed engineer, alleging misconduct that could lead to the suspension or revocation of their license. For the board's actions to be per legem terrae, it must provide the engineer with clear notice of the specific allegations, an opportunity to respond, the right to present evidence and witnesses, and a fair hearing before an impartial panel. The board cannot simply revoke the license based on an uninvestigated complaint without following these established due process procedures.