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The term "per se" is often used in legal discussions to indicate that a particular action or behavior is considered illegal or wrong, simply by its very nature, without the need to prove any additional factors or circumstances.
- Definition of Per Se
- Per Se as A Legal Term
- Illegal Per Se
- Defamation Per Se
- Negligence Per Se
- Related Legal Terms and Issues
Pronounced per-say Adverb 1. Of, in, for, or by itself 2. Intrinsically, inherently Origin 1565-1575 Latin per se(by itself)
Legal matters often involve complex issues, some of which must be untangled and examined individually. Referring to a single element of a larger issue makes use of the term per se, to signify this separation. For example, one might refer to a rule that is being questioned, saying “the rule, per se, is not a bad one, but its enforcement is lacking.”...
The term “illegal per se,” refers to an act that is illegal “in itself,” or which is inherently illegal. The act is considered egregious in and of itself, and does not require any additional evidence, or proof of criminal intent. By simply committing an act that is illegal per se, the perpetrator is liable for the act. Acts committed by an intoxica...
Defamation refers to the smearing of a person’s character in a public manner. This may be done by verbally saying terrible things about a person that are untrue, repeating them to others, which is considered “slander.” It may also be done by putting such untrue things in writing, for others to see, which is considered “libel.” In order to be succes...
Negligence per se refers to an act automatically considered negligent because it violated a statute. A plaintiff suing for negligence per sedoes not need to prove that another “reasonable person” would have acted differently in the same situation. This is because the defendant’s action violated a law or ordinance. All the plaintiff needs to do is s...
Civil Lawsuit– A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.Damages – A monetary award in compensation for a financial loss, loss of or damage to personal or real property, or an injury.Egregious– Extraordinarily bad.Intent– A resolve to perform an act for a specific purpose; a resolution to use a particular means to a specific end.Per Se Rule. A type of antitrust analysis used to determine the legality of agreements (written or oral) between competitors. Under the per se rule, certain categories of agreements are presumed to violate antitrust laws, regardless of other factors such as business purpose or competitive benefits. The only relevant question under the per se ...
The per se rules found in U.S. antitrust jurisprudence grew out of a perceived need for efficient enforcement of Section 1 of the Sherman Act, which prohibits “ [e]very contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce.”
Dec 27, 2023 · A per se rule is a legal concept that establishes strict liability for certain acts, regardless of intent or other circumstances. It is a generalized rule applied without consideration for specific details of a case. For example, price fixing agreements between competitors are illegal per se under antitrust laws.
The case was not about contract law per se, but it was cited frequently by the prosecution to support their case. Definition of Per se. Latin phrase - adverb - In itself or by itself.
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Per Se [Latin, In itself.] Simply as such; in its own nature without reference to its relation. In the law of Defamation, slander per se refers to certain language that is actionable as slander in and of itself without proof of special damages, such as the situation in which a person is falsely accused of having committed a crime. Defamation ...
