We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Per Se: A Comprehensive Guide to Its Legal Meaning and Usage
Definition & Meaning
The term "per se" is a Latin phrase that translates to "by itself" or "in itself." In legal contexts, it refers to actions or conduct that are considered inherently wrong or illegal without needing further examination or proof of harm. For instance, in criminal law, an act deemed "illegal per se" is automatically recognized as unlawful. Similarly, in tort law, "negligence per se" indicates that a specific action is automatically considered negligent if it violates a statute or regulation.
Table of content
Legal Use & context
"Per se" is commonly used in various areas of law, including:
Criminal law: Actions classified as illegal per se do not require additional evidence of wrongdoing.
Tort law: Negligence per se applies when a defendant's conduct violates a law designed to protect public safety.
Antitrust law: Certain practices are deemed illegal per se, such as price-fixing agreements.
Users can manage legal matters related to these terms using templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples illustrating the use of "per se":
Example 1: A person driving over the legal speed limit is committing an act that is illegal per se, as the law clearly defines speeding as unlawful.
Example 2: A business that engages in price-fixing among competitors is participating in illegal per se conduct under antitrust laws. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Context
California
Negligence per se applies when a statute is violated, affecting personal injury cases.
New York
Specific traffic violations are considered illegal per se, impacting liability in accidents.
Texas
Per se violations in tort law require clear statutory breaches to establish negligence.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Negligence
Failure to take reasonable care to avoid causing injury or loss to another person.
Negligence per se automatically establishes negligence due to a statutory violation.
Strict Liability
Liability that does not depend on actual negligence or intent to harm.
Strict liability does not require proof of negligence, while per se focuses on statutory violations.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a situation where "per se" applies, consider the following steps:
Review the relevant laws or regulations to understand the implications of the conduct.
Gather any evidence or documentation related to the incident.
Explore US Legal Forms for templates that may assist you in addressing the legal matter.
If the situation is complex, consider consulting with a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.