Also known as: by the same
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase used to indicate that a later action or ruling proceeds by the same person or authority as an earlier one, often in the fuller form per eundem in eadem to denote the same judge in the same case.
Select any source to read its text and confirm it supports the definition.
Patrick Phan sent one letter accusing a competitor of fraud to a supplier and a second letter with the same accusation to a different customer the next week. Each letter reached its recipient separately. The rule treats the two letters as distinct publications even though the same sender authored both.
Prosperity Investments sought to amend its articles to raise the quorum for director elections. The board first voted under the existing quorum rule and then applied the higher proposed quorum to the same amendment vote. The statute requires using the greater of the two quorum thresholds for the entire process.
Philip Powell saw a stranger attack his neighbor Priya Prasad on the sidewalk. Powell used the same level of force he would have been privileged to use in his own self-defense. The rule extends that privilege to the intervention when the belief in necessity is reasonable.
A jury awarded punitive damages against Pulse Media for repeated false advertising. The trial judge applied the same constitutional guideposts used in an earlier case involving the identical defendant and similar conduct. The appellate court reviewed the award under those identical standards.
The City of Chicago took land from Paragon Construction for a street widening. The court applied the same compensation standard it had used in an earlier eminent domain action involving the identical parcel owner. The measure of value remained consistent across both proceedings.
A state law regulating commercial milk sales was challenged on equal protection grounds. The court applied the same rational-basis standard it had used in a prior case involving the identical regulated industry and similar economic classification. The level of review stayed constant.
It signals that a later action or ruling is taken by the same person or authority as an earlier one, often appearing in the fuller form per eundem in eadem to denote the same judge in the same case.
Supporting sources
…as to these duties as every other ministerial officer of the United States and equally liable to be compelled, is also bound by the same rules of evidence. These duties are not confidential but public and his clerks have no exclusive privileges except as to facts concerning foreign correspondencies and confidential…