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Home » Law Dictionary » P » PRIMA FACIE

PRIMA FACIE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorsed in blank, is prima facie its owner. 2. Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted. For example, when buildings are fired by sparks emitted from a locomotive engine passing along the road, it is prima facie evidence of negligence on the part of those who have the charge of it. (B) Latin term meaning on its face which refers to a case is established as meritorious just by looking at the bare facts. A plaintiff is required to plead and establish certain elements exists in order to win their case and a prima facie case means that, on the surface of the pleading, all the elements are established to which a defendant must refute in some fashion. For example, if a plaintiff makes a case for battery (an unlawful touching such as a punch), the case can be made on the bare facts that a punch occurred. The defendant would need to have a defense, for example, that the action was made in self defense.

Law Dictionary – Alternative Legal Definition

Latin: At first sight; on the flrst appearance; on the face of it; so far as can be judged from the first disclosure; presumably. A litigating party is said to have a prima fade case when the evidence in his favor is sufficiently strong for his opponent to be called on to answer it A prima facie case, then, is one which is established by sufficient evidence, and can be overthrown only by rebutting evidence adduced on the other side. In some cases the only question to be considered is whether there is a prima facie case or no. Thus a grand jury are bound to find a true bill of indictment, if the evidence before them creates a prima facie case against the accused; and for this purpose, therefore, it is not necessary for them to hear the evidence for the defense.

Related Posts:

  • PRIMA FACIE EVIDENCE
  • FACIES
  • BURDEN OP PROOF
  • INTERDICTUM SALVIANUM
  • REBUTTABLE PRESUMPTION
  • RECEIPT

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