A judge is a law student who marks his own examination papers.

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Legal Definitions - Prima facie

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Definition of Prima facie

The legal term prima facie, from Latin, describes something that, "at first sight" or "on its face," appears to be true, valid, or sufficient to establish a fact or a claim, unless proven otherwise. It suggests that the initial evidence presented is strong enough to create a presumption that a certain situation exists or that a party's claim is valid, requiring the opposing party to then present evidence to contradict or "rebut" it.

In legal proceedings, when a party establishes a "prima facie case," they have presented enough evidence to meet the basic requirements of their claim or defense. This shifts the burden to the other side to introduce evidence that challenges or disproves the initial showing. If the opposing party fails to do so, the initial prima facie case may be sufficient for a court to rule in favor of the party who established it.

  • Example 1: Employment Discrimination Claim

    Imagine a highly qualified job applicant, who belongs to a protected group (e.g., based on age or race), applies for an open position. They are interviewed but ultimately rejected, and the company subsequently hires a less qualified candidate from outside the protected group. The applicant could establish a prima facie case of discrimination by showing they are a member of a protected class, were qualified for the job, were rejected, and the position remained open or was filled by someone outside their protected class. This initial showing would then shift the burden to the employer to provide a legitimate, non-discriminatory reason for their hiring decision.

  • Example 2: Breach of Contract

    Consider a situation where two businesses have a signed contract for the delivery of specific goods by a certain date. One business (the plaintiff) presents the written contract, proof of payment, and evidence that the goods were never delivered by the agreed-upon date. This evidence would establish a prima facie case for breach of contract. At this point, the burden would shift to the other business (the defendant) to offer a defense, such as proving they did deliver the goods, or that there was a valid reason (like a "force majeure" event) preventing delivery, or that the contract was invalid.

  • Example 3: Negligence in a Car Accident

    Suppose a driver is involved in a rear-end collision. The driver who was hit (the plaintiff) presents a police report indicating that the other driver (the defendant) admitted to being distracted and failing to brake in time, along with photos of the damage to their car. This evidence could establish a prima facie case of negligence, suggesting that the defendant's actions directly caused the accident and damages. The defendant would then need to present evidence to rebut this, perhaps by showing the plaintiff suddenly stopped without warning or that their brakes failed unforeseeably.

Simple Definition

Prima facie is a Latin term meaning "at first sight" or "on the face of it." In law, it refers to evidence or a case that is sufficient to establish a fact or claim, or to justify a verdict, unless disproved or rebutted by further evidence. It signifies that enough initial evidence has been presented to create a legally required rebuttable presumption.

The law is reason, free from passion.

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