Legal Definitions - secundum subjectam materiam

Secundum subjectam materiam is a Latin phrase that translates to "according to the subject matter."

This legal principle emphasizes that an action, interpretation, or rule should be understood, applied, or judged in a manner that is appropriate and consistent with the specific topic, context, or issue being addressed. It highlights the importance of considering the nature of the matter at hand when determining its meaning or applicability, rather than applying a universal or generic standard.

Here are some examples to illustrate this concept:

• Contract Interpretation: Imagine a construction contract that specifies "all materials used must be of good quality." If a dispute arises regarding the quality of the electrical wiring, a court would interpret "good quality" secundum subjectam materiam. This means the standard for "good quality" electrical wiring would be judged by industry norms and safety standards for electrical components, not by the standards for decorative tiles or structural steel. The interpretation is tailored specifically to the "subject matter" of electrical wiring.

• Court Procedures: Consider a court system that handles both civil lawsuits (disputes between private parties) and criminal prosecutions (cases where the state accuses someone of a crime). The procedural rules for a civil trial, such as discovery processes or the burden of proof, are often different from those for a criminal trial, which might involve specific rights like the right to a speedy trial or a higher burden of proof ("beyond a reasonable doubt"). The court applies these distinct sets of rules secundum subjectam materiam, meaning the procedures are "according to the subject matter" of whether it's a civil or criminal case.

• Legislative Authority: A local city council has the power to pass ordinances related to local issues like zoning, public parks, and waste management. If the city council were to attempt to pass a law regulating national immigration policy, their action would likely be deemed invalid because it is not secundum subjectam materiam. Their legislative authority is limited to local governance, and national immigration policy falls outside that specific "subject matter." Their power must be exercised "according to the subject matter" of their jurisdiction.