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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - quia ita lex scripta est
Definition of quia ita lex scripta est
The Latin phrase quia ita lex scripta est translates to "because the law is so written."
This principle signifies a strict adherence to the literal text of a statute, regulation, or legal document. It means that a decision or action is justified solely by the exact wording of the law, without necessarily considering the broader intent, spirit, or potential fairness implications of the outcome. It emphasizes that the written law itself provides the complete and sufficient reason for a particular legal conclusion.
Example 1: Zoning Ordinance
Imagine a local zoning ordinance that states, "No commercial structure shall exceed 30 feet in height." A developer proposes a new building that measures 31 feet at its highest point, arguing that the extra foot is for an aesthetic architectural feature and does not significantly impact the neighborhood's character. The zoning board, applying the principle of quia ita lex scripta est, would deny the permit. Their decision is based purely on the unambiguous written rule that sets a maximum height of 30 feet, regardless of the developer's artistic intent or the minor nature of the deviation.
Example 2: Insurance Policy Clause
A homeowner's insurance policy contains a clause stating, "Coverage for water damage is excluded if the damage results from a burst pipe in an unoccupied property left unheated during winter months." A homeowner goes on vacation, leaves their house unheated in January, and a pipe bursts, causing significant damage. Upon filing a claim, the insurance company denies it. The company's justification, rooted in quia ita lex scripta est, is that the policy's written terms explicitly exclude this specific scenario, and therefore, the claim cannot be paid, even if the homeowner argues they forgot to adjust the thermostat.
Example 3: University Admission Requirements
A university's graduate program application clearly states, "All applicants must submit official GRE scores directly from the testing agency." A prospective student, who otherwise has an outstanding academic record, uploads a scanned copy of their GRE scores to the online application portal, believing it's sufficient. The admissions committee, following quia ita lex scripta est, would reject the application for failing to meet the precise submission requirement. The written rule mandates direct submission from the testing agency, and any deviation, no matter how small or seemingly inconsequential, results in non-compliance.
Simple Definition
"Quia ita lex scripta est" is a Latin phrase meaning "because the law is so written." In legal contexts, it signifies that a decision or interpretation is based strictly on the literal text of a statute or law, emphasizing adherence to the exact wording as it appears.