Information AboutPrima Facie |
| CATEGORIES ABOUT PRIMA FACIE | |
| common law | |
| latin legal phrases | |
| legal terms | |
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''Prima facie'' is a Latin Expression (come by way of Middle English ) meaning "on its first appearance," used in Common Law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition or fact. In most legal proceedings, one of the parties has the Burden Of Production , which requires that party to present ''prima facie'' evidence of all facts essential to its case. (See also Burden Of Proof .) If that party fails to present ''prima facie'' evidence on any required element of its case, its claim may be dismissed without any response by the opposing party. A ''prima facie'' case may be insufficient to enable a party to prevail, however, if the opposing party subsequently introduces contradictory evidence or asserts an Affirmative Defense . For example, in a Criminal Prosecution , the Government has the burden of presenting ''prima facie'' evidence of each element of the crime charged. In a Murder case, this would include evidence that the defendant's act caused the victim's death, and evidence that the defendant acted with Malice Aforethought . If the prosecution were to fail to introduce such evidence, then its case would fail on grounds of "failure to make out a ''prima facie'' case," even without rebuttal by the defendant. ''Prima facie'' is often confused with '' Res Ipsa Loquitur '' ("the thing speaks for itself"), the common law legal doctrine which in its modern incarnation allows a Tort plaintiff to reach the jury on the question of a defendant's negligence, despite the plaintiff's failure to produce any evidence explaining exactly ''how'' the defendant was negligent, by establishing circumstantial evidence from which unspecified negligence by the defendant can fairly be inferred.
The phrase is very commonly used, in exactly the same sense, in academic Philosophy as well. Among the most notable uses of it in that discipline is the theory of Ethics first proposed by W. D. Ross , often called the ''Ethic of Prima Facie Duties''. SEE ALSO Herlitz, "The Meaning of the Term 'Prima Facie,'" 55 La.L.Rev. 391 (1994) |
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