Latin for Lawyers

PER QUOD

PER QUOD [L. per + quod / whereas, and, for the reason that, to the extent that, through which] Generally, whereas, and therefore, the point is. In tort actions at common law, this phrase referred to allegations of special damages resulting from the defendant’s acts, as opposed to damages per se , i.e., damages ordinarily resulting from such acts. In the law of defamation, the phrase is still used to distinguish between allegations of special damage proved by extrinsic cir cumstances ( per quod ) and allegations of damages which are actionable in themselves ( per se ). See DEFAMATION PER QUOD; DEFAMATION PER SE PER SE [L. per + se / himself, herself, itself, themselves] Through itself; by means of itself. In and of itself, intrinsically; inherently. Established without extrinsic proof. Inherent in the act itself. A per se viola tion in antitrust law is an act so clearly inimical to competition and fair trade as to require no further inquiry by the court into whether it has actually resulted in injury to the public. In tort law, an action which clearly violates the terms of a statute or rule may constitute negligence per se , whether or not there is any other evidence of fault by the defendant. See PER QUOD for the distinction between per quod and per se in defama tion actions. PERSECUTE, PERSECUTION [L. per / through + sequor, sequi / to follow] To attack or harass. To engage in systematic and continuous acts of aggres sion against. Selective and severe punishment or ostracism solely on the basis of some arbitrary status, such as race, religion, color or political opinion. An organized campaign by one group to isolate and punish another. PERSON [L. persona / a mask worn by actors; role, character, personality, per son] A human being. The body of a human being. Any entity, both human and cor porate, recognized by law as entitled to the rights and privileges reserved for individuals. PERSONA DESIGNATA [L. persona + designare / to plan, point out, signify] A person picked or designated for his own merits or qualities from a group of eligible persons. A judge or arbitrator chosen by the parties to resolve or decide an issue is a persona designata . PERSONAL [L. persona ] Of or pertaining to a person. Personal Property is all property except real estate and items attached to real estate (growing crops are real estate). Per sonal injuries are injuries suffered by a single human being. Personal juris-

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