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CHAPTER 5 - Ipso Facto - Prima Facie
LEGAL ABBREVIATIONS, LATIN AND OTHER TERMS
5
Law
Undergraduate 1
02/19/2012

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Term

 

 

 

 

Ipso Facto

Definition

"By The Fact intself"

 

Indicates something was the result of the fact itself.  The result which occurred is a logical and natural consequence of the particular fact.

 

 

EX:  The flood, ipso facto, destroyed all his crops, which is why he will probably declare bankruptcy.

 

Term

 

 

 

 

Parol

Definition

"Oral"

 

Parol indicates that something is oral, as opposed to written.  Thus, parol evidence means the evidence was verbal - something someone said.

 

 

EX:  During the deposition, Ted claimed the "parol evidence rule" applied.  This is a rule you will undoubtedly encounter.  In overly simplified terms the rule holes that oral understandings between the parties can't modify a written contract.

Term

 

 

 

 

Per Diem

Definition

"Per Day - By the Day"

 

This term is usually used in finance, talking about something costing so much a day.

 

 

EX:  Peter is a juror and is paid $12 per diem to serve, the same as a non-expert witness is paid when subpeonaed to appear in court.  

Term

 

 

 

 

Per Se

Definition

"By Itself"

 

The fact itself, without any other explanation, is sufficient.

 

 

EX:  Adrienne's statement was libel per se.  (The mere statement itself is libelous, and no evidence of the harmful effect is needed to prove and establish its libelous nature.)

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Prima Facie

Definition

"On Its Face"

 

Just by looking at the item in question, it appears sufficient and doe snot require the support of outside facts or evidence. 

 

Contract with per se.  Per se is an absolute certainty.  Prima Facie only creates a presumption that the item is sufficient.

 

EX:  There is prima facie evidence to convict Aaron of the crime.  (There is sufficient evidence to suggest that Aaron committed the crime with the required criminal state of mind.  On its face there is sufficient evidence to convict Aaron.  He will be convicted, unless Aaron can present enough facts in his favor to overcome the prima facie case.)

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