Legal Definitions - stricto jure

Stricto jure is a Latin phrase that translates to "in strict law." It describes an approach where legal rules, statutes, or contractual terms are applied and interpreted precisely and literally, without considering broader equitable principles, fairness, or the spirit behind the law. When something is decided stricto jure, the focus is solely on the exact wording and technical requirements, even if a more flexible or compassionate interpretation might seem more just or reasonable in a particular situation.

• Example 1: Contractual Dispute

  Imagine a software development contract that specifies a penalty of $1,000 for each day a project is delivered late. The developer completes the project two days late due to an unexpected, widespread power outage in their city. The client, however, insists on applying the penalty clause exactly as written, demanding a $2,000 payment, despite the unforeseen circumstances.

  This illustrates stricto jure because the client is enforcing the contract's terms precisely, focusing on the literal wording of the penalty clause without considering the extenuating circumstances (the power outage) that led to the delay. They are adhering strictly to the letter of the agreement.

• Example 2: Regulatory Compliance

  A small restaurant is inspected by the health department. The inspector finds that a required "wash hands" sign in the employee restroom is posted at 5 feet 10 inches from the floor, while the regulation mandates it be posted at exactly 6 feet. Even though the sign is clearly visible and no health risk is posed by the slight height difference, the restaurant receives a citation and a fine for non-compliance.

  This demonstrates stricto jure because the regulatory agency is applying the rule with absolute precision, penalizing the restaurant for a technical violation of the exact measurement, rather than considering whether the spirit of the regulation (ensuring visibility of the sign) was met.

• Example 3: Property Boundary Dispute

  Two neighbors share a fence that has stood for 40 years. A new survey reveals that the fence encroaches by six inches onto one neighbor's property, according to the original deed. The new owner of the encroached property demands that the fence be moved precisely to the legal boundary line, despite the long-standing arrangement and the minimal impact of the encroachment.

  Here, the new owner is asserting their property rights stricto jure. They are demanding strict adherence to the exact legal boundary as defined by the deed, disregarding the historical use, the long-standing informal agreement, or any equitable considerations that might suggest leaving the fence as is.