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Simple English definitions for legal terms
per se
Read a random definition: misuse
A quick definition of per se:
Per se means something is inherently true or automatically considered to be true. For example, if someone breaks a law, they are considered to have breached their duty to follow the law, which is negligence per se. This means that the person is automatically considered to have been negligent because they broke the law.
A more thorough explanation:
Per se is a Latin term that means "by itself" or "inherently".
For example, in tort law, if someone violates a statute, it is considered negligence per se. This means that the violation of the statute is inherently a breach of duty, and the plaintiff does not need to prove that the defendant breached their duty.
Another example of per se is in the context of alcohol and driving. In many states, if a driver's blood alcohol content (BAC) is above a certain level, usually 0.08%, they are considered to be driving under the influence (DUI) per se. This means that the driver is automatically considered to be impaired, regardless of whether they show any other signs of impairment.
These examples illustrate the concept of per se because they show that something is considered inherently true or inherently a violation without needing further proof or evidence.