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Summum Jus Summa Injuria: The Balance Between Justice and Injustice
Definition & Meaning
The phrase summum jus summa injuria translates to "extreme justice is extreme injustice." This legal maxim emphasizes that applying the law too rigidly can lead to unfair outcomes. In essence, it suggests that strict adherence to legal rules without considering the specific circumstances can result in injustice. The principle warns against the potential harm that can arise when justice is pursued to an extreme degree, highlighting the need for balance in legal proceedings.
Table of content
Legal Use & context
This term is commonly used in various areas of law, including civil, criminal, and administrative law. It serves as a reminder that while laws are essential for maintaining order, their application must be tempered with fairness and discretion. Legal practitioners often refer to this maxim when arguing that a strict application of the law could lead to an unjust result. Users may find relevant legal forms and templates on platforms like US Legal Forms to navigate situations where this principle applies.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One example of this principle in action is a court case where a plaintiff's claim is dismissed due to a technicality, even though the underlying issue is valid. This strict adherence to procedural rules can lead to an unjust outcome for the plaintiff. (hypothetical example)
In another instance, a defendant may be penalized excessively for a minor infraction because the law mandates a harsh penalty without considering the context of the situation. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Application of Summum Jus Summa Injuria
California
Emphasizes equitable considerations in judicial decisions.
New York
Strict adherence to procedural rules, but courts may consider fairness.
Texas
Encourages a balance between strict law and equitable outcomes.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Equity
A branch of law that seeks to achieve fairness and justice.
Equity focuses on fairness, while summum jus summa injuria warns against the extremes of strict law.
Due Process
The legal requirement that the state must respect all legal rights owed to a person.
Due process ensures fairness in legal proceedings, while summum jus summa injuria highlights the risks of excessive rigidity.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where strict legal rules may lead to an unjust outcome, consider the following steps:
Consult with a legal professional to discuss your case and explore your options.
Gather relevant documentation and evidence that supports your position.
Explore legal forms and templates available on US Legal Forms to manage your situation effectively.
If your case is complex, professional legal assistance may be necessary to navigate the nuances of the law.
Find the legal form that fits your case
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