The term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as scienter or other defenses. Scienter is a legal term that refers to Intent or Knowledge of Wrongdoing. Acts are made illegal per se by statute, constitution, or case law. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Case law' (also known as decisional law or judicial precedent) is that body of reported Judicial opinions in countries that have Common law
Contents |
Drunk driving
Many drunk driving laws make driving with a blood alcohol content over a certain limit (such as 0. Driving under the influence of alcohol ( driving while intoxicated, drunk driving, drinking and driving, drink-driving) or other drugs Blood alcohol content or blood alcohol concentration (abbreviated BAC) is the concentration of alcohol in a person's Blood. 05% or 0. 08%) an act which is illegal per se.
Antitrust
In the United States, illegal per se often refers to categories of anticompetitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anticompetitive. The United States of America —commonly referred to as the United States antitrust law is the body of Laws that prohibits anti-competitive behavior (monopoly and Unfair business practices. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society The United States Supreme Court has, in the past, determined activities such as price fixing, retail price maintenance, geographic market division, group boycotts, and tying arrangements to be illegal per se regardless of the reasonableness of such actions. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Price fixing is an agreement between business competitors to sell the same product or service at the same price Resale price maintenance is the practice whereby a manufacturer and its distributors agree that the latter will sell the former's product at certain prices (resale price maintenance at Dividing territories (also Market division) is an agreement by two companies to stay out of each other's way and reduce competition in the agreed-upon territories A boycott is a form of Consumer activism involving the act of voluntarily abstaining from using buying or dealing with someone or some other organization as an expression of Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking Traditionally, illegal per se anti-trust acts describe horizontal arrangements among market competitors. Competition is a rivalry between individuals groups nations or animals for territory or resources
The illegal per se category can trace its origins in the 1899 Supreme Court case Addyston Pipe & Steel Co. v. U. S., 175 U.S. 211 (1899). Year 1899 ( MDCCCXCIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common Addyston Pipe and Steel Co v United States, 85 F 271 ( 6th Cir Case citation is the system used in many countries to identify the decisions in past Court cases either in special series of books called reporters Year 1899 ( MDCCCXCIX) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a Common
A number of cases have subsequently raised doubts about the validity of the illegal per se rule. Under modern Antitrust theories, the traditionally illegal per se categories create more of a presumption of unreasonableness. In the Law of Evidence, a presumption of a particular fact can be made without the aid of proof in some situations [1] The court carefully narrowed the per se treatment and began issuing guidelines. Courts and agencies seeking to apply the per se rule must:
- show "the practice facially appears to be one that would always or almost always tend to restrict competition and decrease output";
- show that the practice is not "one designed to 'increase economic efficiency and render markets more, rather than less, competitive'";
- carefully examine market conditions; and
- absent good evidence of anticompetitive behavior, avoid broadening per se treatment to new or innovative business relationships.
See also
References
- ^ See, for example, Broadcast Music, Inc. Negligence per se is the legal doctrine whereby an act is considered negligent because it violates a statute (or regulation The rule of reason is a doctrine developed by the United States Supreme Court in its interpretation of the Sherman Antitrust Act. Strict liability is a Legal doctrine that makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of Culpability (or fault v. Columbia Broadcasting System, Inc. , 441 U. S. 1 (1979); Nat'l Collegiate Athletic Ass'n v. Board of Regents, 468 U. S. 85, 98 (1984); Northwest Wholesale Stationers, Inc. v. Pacific Stationery & Printing Co. , 472 U. S. 284, 289 (1985); and FTC v. Indiana Federation of Dentists, 476 U. S. 447 (1986).
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic