Also known as: by law
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting that an action or right derives directly from legal authority rather than from equity or custom.
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Emanuel Escobar faces federal charges in the Northern District of Illinois. His counsel moves to dismiss the indictment after an eighteen-month delay without trial. The court grants the motion because the delay violates the constitutional guarantee that all criminal prosecutions afford the accused a speedy trial.
Judge Elena Estrada receives an invitation to speak at a private law-school fundraiser. She declines because the duties of judicial office must take precedence over all personal and extrajudicial activities.
Former government lawyer Evelyn Ellison possesses confidential information about a regulatory target acquired during her public service. She declines to represent a private client adverse to that target because the information could be used to the target's material disadvantage.
Esme Ellington leaves a ladder unsecured on a public sidewalk. A pedestrian trips and breaks an ankle. The court finds Esme liable because her conduct fell below the standard established by law for protection against unreasonable risk of harm.
An officer arrests Esther Eisenberg after observing her sell marked bills to an undercover buyer. The court upholds the arrest because the officer possessed reasonably trustworthy facts sufficient to warrant a prudent person in believing a crime had been committed.
Equinox Energy holds a mortgage on Ella Emerson's home. After Ella misses two payments the lender attempts nonjudicial foreclosure. The court enjoins the proceeding because the lender failed to satisfy all conditions required by the mortgage agreement and by law.
The phrase indicates that a right or action arises by operation of law itself rather than from judicial discretion or equitable principles.
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Ex jure refers to rights or remedies created directly by positive law while ex aequo et bono refers to decisions based on fairness and good conscience when no strict legal rule applies.
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Questions often ask whether a particular procedural or substantive right exists by operation of a constitutional provision, statute, or rule rather than by judicial grace.
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…letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is…