What Does "Illegal Per Se" Mean? Get the Per Se legal definition, cases associated with Per Se, and legal term concepts defined by real attorneys. By product. ; Illegal per se, the legal usage in criminal and antitrust law; Negligence per se, legal use in tort law; Per Se (restaurant), a New York City restaurant perse, a vulgar Finnish and Estonian word meaning "ass" Per Se as a Legal Term. Per se, meaning 'in itself' is used in sentences such as this, from the OED: 1992 New Republic 13 July 4/3 Real conservatives do not reject homosexuality per se (in itself) so much as they reject victimology. In the United States, illegal per se often refers to categories of anti-competitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive. Simply as such; in its own nature without reference to its relation. Most but not all states recognize the distinction between these two types of defamation. Most but not all states recognize the distinction between these two types of defamation. Tìm hiểu thêm. Latin borrowing meaning "in and of itself", used in certain fairly specific, idiomatic contexts in casual English. Although individuals have the right to represent themselves during legal actions, there are certain requirements. adv. adv. Contact Bona Law PC. Such statements cannot be thought to have innocent meaning. (Learn more about the differences between per se and impairment offenses.) Study Aids. I'm non-native English speaker and in Swedish we have the expression "per se," but I don't understand it and maybe you can say that it means something like "in itself" (the strange Swedish expression is i och för sig) like Latin for de se as distinct from latin de facto, de re, de dicto, de jure, etc. In the United States, illegal per se often refers to categories of anti-competitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive. If a person writes defamatory statements about another person, the law calls it libel. In the common law tradition, damages for such false statements are presumed and do not have to be proven. Legal definition of per se rule: a generalized rule applied without consideration for specific circumstances —called also flat rule. Unlike most adjectives in English, per se usually follows the word it modifies, as in these examples: per se ý nghĩa, định nghĩa, per se là gì: 1. by or of itself: 2. by or of itself: 3. by or of itself: . I wonder how to interpret "per se." [Latin, In itself.] Per se enjoys a wide range of use in the formal language of law (e.g., negligence per se) and academics.. It’s also frequently used in everyday speech, especially when people want to come across as a wee bit fancy. Laws and lawyers frequently refer to the offense of driving with a .08% blood alcohol concentration (BAC) or higher as DUI "per se." Definition from Nolo’s Plain-English Law Dictionary. Antitrust laws: There are several antitrust laws that make it illegal per se to engage in “unreasonable restraints on trade,” such as price fixing, group boycotting, and anti-competitive practices Libel and slander: Certain statements can be classified as libel or slander per se. Read on to learn more about negligence per se and how it might come into play in a personal injury lawsuit. In this case, the “standard of care” is determined by a criminal statute, administrative regulation or municipal ordinance that is applied to determine the penalties in a civil case. Words are actionable per se if they are obviously insulting and injurious to one's reputation. The right of an individual to choose pro se representation dates back to pre-Constitutional times in the U.S. It means that a plaintiff’s inability to prove damages is not fatal to the claim of defamation. These laws generally prohibit driving with a BAC of .08% or more. Per Se [Latin, In itself.] "Per se" is from Latin words that mean "in itself" or just "itself." It is not this Latin phrase, per se, that is important, but rather the concept it represents. Negligence has specific legal definitions--and personal injury lawyers love to muddy them, Iowa's media/non-media distinction in libel law could be trouble for bloggers, Democracy or Dagher? The term “illegal per se ,” refers to an act that is illegal “in itself,” or which is inherently illegal. "Per se" laws in DUI or DWI cases generally establish that once an individual is shown to have a blood-alcohol concentration (BAC) at or above .08 percent, that person will be considered intoxicated by law. ‘Per se’ is originally a Latin term which is commonly misused in English. Per se in Latin has the meaning "through him/her/itself", in the sense of "through his/her/its own efforts. There are four elements to torts: duty, breach of duty, causation, and injury. Is typically used with a negative to indicate that a term being used is understood to be imprecise or off-the-mark (i.e., not accurate 'per se') in a case where the term is nevertheless useful to an explanation. Definition of Pro Se. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. 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. The loan phrase per se comes from the Latin itself, and in modern English it’s usually an adjective meaning in itself, by itself, of itself, or intrinsically. To some, the DUI per se rule seems unfair—after all, .08% BAC is highly arbitrary given not only the tolerance that people can develop over a lifetime of drinking, but also the variability in rates of absorption and metabolism. Per se is the phrase to use when you want to refer to a particular thing on its own. Latin for "by itself," meaning inherently. "Negligence Per Se" Defined. Why the DUI Per Se Rule is So Strict. Actionable Per Se: Legally sufficient to support a lawsuit in itself. Use it free! This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Define per se. Origin. 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. Negligence per se is negligence through the violation of statues and regulations that causes harm to the defendant. However, a handful of states also have per se drug DUI laws. In this case, the “standard of care” is determined by a criminal statute, administrative regulation or municipal ordinance that is applied to determine the penalties in a civil case. “Per se” means “in itself or “by itself”. Such statements cannot be thought to have innocent meaning. ALM's Law.com online Real Life Dictionary of the Law. 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