Black letter law refers to the fundamental principles and elements of law that are widely recognized and accepted. These principles are generally clear, established, and free from significant dispute among judges and legal practitioners. In the American legal system, black letter law often encompasses well-established case law and serves as the foundation for legal arguments and decisions.
Black letter law is utilized across various areas of law, including civil, criminal, and family law. It provides a framework for understanding legal standards and is essential for legal practice. For individuals representing themselves, familiarizing themselves with black letter law can be beneficial when filling out legal forms or navigating court procedures. US Legal Forms offers templates that can help users manage these processes effectively.
Here are a couple of examples of abatement:
For instance, it is black letter law that a party must seek any available relief in the district court before appealing to a higher court. This principle was established in Beaulieu v. United States, IRS, where the court emphasized the importance of exhausting local remedies before escalating the matter.
| Term | Definition | Difference |
|---|---|---|
| Case Law | Law established by the outcome of former court cases. | Black letter law is broader and includes established principles beyond just case law. |
| Statutory Law | Laws enacted by a legislative body. | Black letter law encompasses both statutory and case law principles. |
If you find that black letter law applies to your situation, consider the following steps:
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| Attribute | Details |
|---|---|
| Definition | Fundamental legal principles widely accepted in law. |
| Usage | Applicable in various legal contexts, including civil and criminal law. |
| Importance | Guides legal arguments and judicial decisions. |
Black letter law refers to the established legal principles that are widely accepted and clear.