Per Se Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Per Se, written in plain English, along with examples of how it is used.

What is Per Se?

As in Latin it means “by itself” or inheretly, it is a written publication or broadcast of someone accusing other of having a grave disease, or being into immoral act or have been convicted of serious crimes, which actually is a false accusation, and without reasonable inquiry in the activity.

History and Meaning of Per Se

Per Se is a Latin term that literally means "by itself" or "inherently." In law, it is typically used to refer to conduct or situations that are inherently wrong or illegal. For example, if someone is found in possession of a large amount of cocaine, their possession of the drug per se is illegal, regardless of any other factors or circumstances.

Examples of Per Se

  1. Under the law, driving with a blood alcohol concentration (BAC) of 0.08% or higher is considered driving under the influence (DUI) per se, meaning that no other evidence of impairment is necessary.
  2. In patent law, "per se patentability" refers to the idea that certain discoveries or inventions are inherently eligible for patent protection, without the need to prove additional factors such as novelty or non-obviousness.
  3. In antitrust law, certain business practices are considered anticompetitive per se, meaning that they are presumed to harm competition without the need for additional evidence.

Legal Terms Similar to Per Se

  1. Prima facie: This term refers to evidence that is sufficient to establish a fact or claim unless it is rebutted or disproven.
  2. Res ipsa loquitur: This term is used to describe a situation where the mere occurrence of an accident or injury implies that someone was negligent.
  3. Ipso facto: This term means "by the fact itself" and is used to describe a situation where a specific consequence or result automatically follows from a particular action or situation.