prima facie


Also found in: Dictionary, Thesaurus, Medical, Financial, Wikipedia.

Prima Facie

[Latin, On the first appearance.] A fact presumed to be true unless it is disproved.

In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).

For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. If the plaintiff fails to make a prima facie case, the respondent may move for dismissal or a favorable directed verdict without presenting any evidence to rebut whatever evidence the plaintiff has presented. This is because the burden of persuading a judge or jury always rests with the plaintiff.

Assume that a plaintiff claims that an employer failed to promote her based on her sex. The plaintiff must produce affirmative evidence showing that the employer used illegitimate, discriminatory criteria in making employment decisions that concerned the plaintiff. The employer, as respondent, does not have a burden to produce evidence until the plaintiff has made a prima facie case of Sex Discrimination (Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed. 2d 207 [1981]). The precise amount of evidence that constitutes a prima facie case varies from claim to claim. If the plaintiff does not present a prima facie case with sufficient evidence, the judge may dismiss the case. Or, if the case is being heard by a jury, the judge may direct the jury to return a verdict for the respondent.

Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. The term prima facie evidence is used in both civil and Criminal Law. For example, if the prosecution in a murder case presents a videotape showing the defendant screaming death threats at the victim, such evidence may be prima facie evidence of intent to kill, an element that must be proved by the prosecution before the defendant may be convicted of murder. On its face, the evidence indicates that the defendant intended to kill the victim.

Statutes may specify that certain evidence is prima facie evidence of a certain fact. For example, a duly authenticated copy of a defendant's criminal record may be considered prima facie evidence of the defendant's prior convictions and may be used against the defendant in court (Colo. Rev. Stat. Ann. § 18-3-412 [West 1996]). A Civil Law example is a statute that makes a duly certified copy or duplicate of a certificate of authority for a fraternal benefit society to transact business prima facie evidence that the society is legal and legitimate (Colo. Rev. Stat. Ann. § 10-14-603 [West 1996]).

Further readings

Herlitz, Georg Nils. 1994. "The Meaning of the Term 'Prima Facie.'" Louisiana Law Review 55.

Cross-references

Burden of Persuasion.

prima facie

(pry-mah fay-shah) adj. Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a grand jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account, makes it a prima facie case. However, proof that the bank had misprinted the account number on the checks might disprove the prosecution's apparent "open and shut" case. (See: prima facie case)

prima facie

(Legally sufficient), adjective adequate, lawfully sufficient, legally adequate, satisfactory, sufficient on its face, sufficient on the pleadings, sufficient to make out a case, sufficiently strong, suitable
Associated concepts: prima facie case, prima facie claim, prima facie evidence, prima facie negligence, prima facie nuisance, prima facie proof, prima facie tort

prima facie

(Self-evident), adjective apparently, at first glance, at first sight, at first view, at sight, before furrher examination, by all appearances, on presentation, on the face of the matter, on the first view, ostensibly, seemingly, to all appearances
See also: content, meaning

prima facie

‘on the face of it’.

PRIMA FACIE. 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. 6 Pet. R. 622, 632; 14 Pet. R. 334. See, generally, 7 J. J. Marsh, 425; 3 N. H. Rep. 484; 3 Stew. & Port. 267; 5 Rand. 701; 1 Pick. 332; 1 South. 77; 1 Yeates, 347; Gilp. 147; 2 N. & McCord, 320; 1 Miss. 334; 11 Conn. 95; 2 Root, 286; 16 John. 66, 136; 1 Bailey, 174: 2 A. K. Marsh. 244. 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. 3 Man. Gr. & Sc. 229.

References in periodicals archive ?
On one occasion Bartholomeusz makes use of the theory of prima facie duties to provide a theoretical explanation for the views of informants.
Given the split in the courts, the final regulations are designed to clarify the prima facie evidence of delivery rule.
On the other hand, many human rights decisions, including the recent CN Rail decisions2, have rejected this approach and instead held that a prima facie case for discrimination on the basis of family status can be established solely on the basis that an employee cannot satisfy a condition of her employment because doing so would conflict with a family obligation.
It appears prima facie impossible, in the opinion of the FIFA ethics committee, that the accused Warner could have considered the money distributed.
It is important to mention here that the show cause notice was issued to PPA after an enquiry report into possible anti-competitive behaviour in the poultry industry revealed that, prima facie, PPA and its committees regularly took decisions regarding pricing, production and sale of various poultry products thereby violating Section 4(1) read with Section 4(2) (a) & (b) of the ordinance.
According to Robert Audi in his book Religious Commitment and Secular Reason, a citizen in a liberal democracy has a prima facie obligation to appeal only to secular reason or to be sufficiently motivated only by secular reason to support or oppose legislation or policy in the public arena.
In an eight-to-one decision, the Supreme Court ruled that California's "more likely than not" standard is incompatible with the prima facie inquiry mandated by Batson v.
So even truth telling is a prima facie ethical value--on the face of it one should tell the truth, but on further examination complexities of the situation suggest a more thoughtful response.
Lawyers said the ruling came as no surprise as the Act removed the requirement for the US to demonstrate a prima facie case against UK citizens before extradition, even though US citizens cannot be extradited to Britain in a similar way.
International criminal lawyer and extradition expert Michael Caplan QC said: "The public have got to realise that the Americans do not have to provide prima facie evidence any more.
The act requires plaintiffs to make a prima facie showing that actual physical impairment has occurred based on criteria specified in the bill for: a nonmalignant asbestos claim; if a smoker, an asbestos claim based upon cancer of the lung, larynx, pharynx, or esophagus; an asbestos claim based upon cancer of the colon, rectum, or stomach; silicosis claim; or other silica claim.
Direct reference theory faces serious prima facie counterexamples that must be explained away (for example, that it is possible to know a priori that Hesperus = Phosphorus).