Legal Definitions - per se

Per se is a Latin phrase meaning "by itself" or "inherently." In legal contexts, it describes a situation where an act, characteristic, or condition is considered to have a particular legal effect or to be a violation *on its own*, without needing additional evidence or analysis to prove its nature or impact. If something is illegal or true "per se," its very existence or occurrence is sufficient to establish a legal conclusion.

Here are some examples illustrating the application of "per se":

• Antitrust Law – Price Fixing:

  Imagine two major competing airlines secretly agree to charge the exact same fare for flights on a popular route. This agreement, regardless of whether it actually led to higher prices for consumers or if the airlines had good intentions, is considered illegal per se under antitrust laws.

  How it illustrates "per se": The act of competitors agreeing to fix prices is, by its very nature, deemed harmful to competition. Prosecutors do not need to prove that consumers were actually harmed or that the companies intended to cause harm; the agreement *itself* is sufficient proof of an antitrust violation.

• Defamation Law – Slander/Libel Per Se:

  A local news blog publishes a false article claiming a respected community leader has been diagnosed with a highly contagious and stigmatized disease, when in fact they have not.

  How it illustrates "per se": In defamation law, certain false statements are considered defamatory per se. Falsely accusing someone of having a loathsome disease falls into this category. The law presumes that such a statement, *by itself*, is so damaging to a person's reputation that the victim does not need to prove they suffered specific financial losses to establish that defamation occurred.

• Driving Under the Influence (DUI) – Blood Alcohol Content (BAC) Limit:

  A driver is pulled over for a minor traffic infraction, and a subsequent breathalyzer test reveals their blood alcohol content (BAC) is 0.09%, which is above the legal limit of 0.08% in their state.

  How it illustrates "per se": Many states have "per se" laws for driving under the influence. This means that if a driver's BAC is at or above the legally defined limit, they are considered legally impaired per se. The prosecution does not need to provide additional evidence that the driver was actually swerving or showed visible signs of intoxication; the BAC reading *itself* is sufficient proof of impairment under the law.