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Simple English definitions for legal terms

Prima facie

Read a random definition: exfestucare

A quick definition of Prima facie:

Prima facie means "at first sight." It can be used to describe evidence that is sufficient to establish a fact or raise a presumption unless disproved or rebutted. For example, if someone has prima facie evidence, it means that the evidence is strong enough to prove something unless someone can prove it wrong. It can also be used to describe something that appears valid at first glance but may need further evidence or information to confirm. A prima facie case is a legally required rebuttable presumption that is established by a party's evidence and can justify a verdict in their favor, provided it is not rebutted by the other party. Different torts have prima facie cases attached to them, and a plaintiff must prove all the components of a prima facie tort case to prove that the defendant committed that tort.

A more thorough explanation:

Definition: At first sight.

Overview: Prima facie is a Latin term that can be used as an adjective or adverb. As an adjective, it means "sufficient to establish a fact or raise a presumption unless disproved or rebutted." For example, "prima facie evidence" means evidence that is enough to establish a fact unless it is disproved. As an adverb, it means "on first appearance but subject to further evidence or information." For example, "prima facie valid" means something that appears valid at first glance but may need further evidence to confirm its validity.

A prima facie case is a legally required rebuttable presumption. It is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in their favor, provided such evidence is not rebutted by the other party.

Application: Various torts have prima facie cases attached to them. For example, the tort of trespass has a prima facie case with three components:

  • The defendant had the intent to invade the land
  • The defendant invaded the land
  • The plaintiff possessed the land and did not consent to the defendant's invasion

If the plaintiff is not able to prove one of the components, then a court will likely find that the tort did not occur.

Example: If someone enters your property without your permission, they have committed a prima facie case of trespass. However, if they had a valid reason to enter your property, such as delivering a package, then it would not be considered trespass.

Further Reading: For more information on prima facie, see Bell Atlantic Corp. v. Twombly, 550 U.S. 554 (2007); Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002); Hernandez v. New York, 500 US 352 (1991). Also, see this .

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TGM
18:23
How long can I delay sending my fall grades if they hurt my GPA? I’m still waiting on decisions and ideally I’m hoping they decide BEFORE seeing my new grades
TGM
18:27
dropped my GPA below median for a couple of schools I’m applying to, when I was above median before
Dkk
18:32
@TGM: Not long enough to get another transcript to recover.
Dkk
18:33
Honestly you could just wait until someone actually asks for your fall grades. Who knows.
Dkk
18:34
@wigwav: It looks like if below medians it will not help but If applying in November it seems you are still middle of the cycle.
18:34
@wigwav: nah
TGM
18:34
like am I expected to send it unprompted or can I wait until a school requested it
Dkk
18:35
@TGM: Expected to send it unprompted but you can wait and see.
18:36
Is your LSAT also below median?
TGM
18:37
It’s above median, but I’m applying T6 with unimpressive softs, so even with a good LSAT it’s tough
texaslawhopefully
18:38
Yeah, then I would just wait as long as you can to send it
texaslawhopefully
18:38
For like HLS at least, if you wait till J6 then you may already have a decision
TGM
18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
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