Define: Per Se

“Per se” is a Latin phrase that translates to “by itself” or “in itself.” In legal terms, it is used to indicate that something is inherently or automatically considered to be a certain way, without the need for further evidence or proof.

In criminal law, “per se” is often used to establish automatic liability or guilt for certain offenses. For example, driving with a blood alcohol concentration (BAC) of 0.08% or higher is considered “per se” evidence of driving under the influence (DUI), regardless of whether the driver was actually impaired.

Yes, “per se” can also be used in civil cases. It is commonly used in antitrust law to establish automatic violations. For instance, certain agreements or practices that are deemed to be anti-competitive are considered “per se” illegal, meaning they are automatically considered to be in violation of the law without the need for further analysis.

No, “per se” is not the same as “presumption of guilt.” While “per se” establishes automatic liability or violation, a presumption of guilt requires the prosecution to prove the defendant’s guilt beyond a reasonable doubt. “Per se” is more about establishing a legal standard or threshold, whereas a presumption of guilt is about burden of proof.

Yes, “per se” can be challenged in court. Defendants can argue against the automatic liability or violation established by “per se” by presenting evidence or arguments that challenge the underlying assumptions or standards. However, successfully challenging “per se” can be difficult, as it often requires proving that the established standard is arbitrary or unreasonable.

Yes, there can be defences against “per se” violations. For example, in a DUI case, a defendant may argue that the breathalyzer used to measure their BAC was faulty or improperly calibrated, thus challenging the accuracy of the “per se” evidence. However, it is important to consult with a legal professional to determine the specific defences available in each case.

Yes, “per se” can be used in non-legal contexts as well. It is often used in everyday language to emphasize that something is inherently or intrinsically a certain way, without the need for further explanation. For example, saying “he is a per se genius” means that he is considered a genius without any doubt or qualification.

No, “per se” is not used in all areas of law. It is more commonly used in specific areas such as criminal law, antitrust law, and intellectual property law, where certain actions or conditions are automatically considered to be violations or infringements.

In personal injury cases, “per se” can be used to establish liability in certain situations. For example, if a driver rear-ends another vehicle, it may be considered “per se” evidence of negligence, as rear-end collisions are often presumed to be the fault of the driver who rear-ended the other vehicle.

While “per se” and “inherently” or “intrinsically” are similar in meaning, “per se” specifically refers to something being considered a certain way by law or legal standards. On the other hand, “inherently” or “intrinsically” can be used more broadly to describe something that is an essential or inherent characteristic, regardless of legal implications.