The Mechanics of Per Se Rules Per se rules form the backbone of strict liability in certain areas of regulation. Per se, however, does not infer negligence; it declares the act itself to be the negligence or crime.
Per Se Legal Meaning Definition
For attorneys, invoking the per se doctrine is a double-edged sword. A rule can be de jure and apply per se, but the reverse is not true.
The literal translation of "per se" is "by itself" or "in itself," and this definition serves as the foundation for its application in law. Context Standard of Proof Key Example Negligence Duty, Breach, Causation, Damages Car accident causing injury Per Se Proof of the Act Driving 15 mph over the speed limit Distinguishing Per Se from Related Concepts The per se legal meaning is often confused with the doctrine of res ipsa loquitur, though they serve different purposes.
Per Se Legal Meaning Definition
Courts recognize that such conduct is so inherently anti-competitive that specific proof of market damage is presumed. Res ipsa loquitur allows a plaintiff to infer negligence from the very nature of an accident, essentially shifting the burden of proof to the defendant.
More About Per se legal meaning
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More perspective on Per se legal meaning can make the topic easier to follow by connecting earlier points with a few simple takeaways.
