Definition
“Per se” is a Latin term directly translating to “by itself.” In various professional fields, particularly law and business, “per se” is used to indicate that something is intrinsically clear, obvious, or self-evident. The concept means that no further evidence or support is required to establish the existence or truth of the assertion.
In legal contexts, “per se” often attaches to terms like negligence or defamation to denote a circumstance that is inherently negligent or defamatory without needing additional proof.
Examples
- Defamation Per Se: Statements that are intrinsically defamatory, such as claims that someone has committed a crime, have a disease, or are incompetent in their profession, are treated as defamatory ‘per se.’
- Negligence Per Se: A doctrine within tort law where an act is considered negligent because it violates a statute or regulation. For example, driving under the influence of alcohol is considered negligence ‘per se.’
- Monopoly Per Se: In antitrust law, certain business practices might be deemed illegal per se without needing to prove their actual effect on the market because they are inherently anti-competitive.
Frequently Asked Questions
What does “per se” mean in layman’s terms?
“Per se” means that something is clear and self-evident on its own and doesn’t need additional proof.
How is “per se” used in legal terminology?
In the legal world, “per se” qualifies certain behaviors or statements as inherently violating the law or being inherently injurious.
Can you give an example of “per se” in a sentence?
Yes. “The sale of counterfeit goods is considered illegal per se because it violates trademark laws.”
In what fields is the term “per se” commonly used?
The term “per se” is widely used in law, business, medicine, and any field that requires intrinsic definitions for concepts or actions.
How is “per se” different from “per aquam?”
“Per se” means ‘by itself,’ whereas “per aquam” translates to ‘by water.’ They are contextually and linguistically different terms.
Related Terms
- Prima Facie: At first glance; something that is assumed to be true unless it is disproved.
- Negligence Per Se: A legal doctrine where the very nature of an act violates a law, rendering it automatically negligent.
- Defamation Per Se: Statements that are considered defamatory by their very nature without the need for further proof.
- Inherently: Describes qualities that exist in something as a permanent and inseparable element.
Online References
Suggested Books for Further Studies
- “Black’s Law Dictionary” by Henry Campbell Black
- “Antitrust Law, Policy, and Procedure” by E. Thomas Sullivan
- “Advanced Criminal Law” by Wayne R. LaFave
- “Restatement of the Law, Torts” by the American Law Institute
Fundamentals of Per Se: Legal Terminology Basics Quiz
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