The term means "on its first face" or "at first presentation".
Basically, it means something that is literally in a document, or something that is part of the initial burden of proof. For example, in a court case (civil or criminal), the party bringing the complaint (plaintiff or prosecutor) has the burden of proving the facts of the complaint/charge.
If the plaintiff or prosecutor not prove the basic facts of the complaint/charge, they are said to have established a prima facie claim. If they cannot do this, the other side can move to dismiss without presenting any evidence, because the burden of proof is on the plaintiff or prosecutor.
There are other uses of the term, but it basically means to meet the initial requirements for presenting evidence or a document.
2006-09-26 09:27:14
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answer #1
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answered by coragryph 7
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According to Wikipedia: "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 proof, which requires that party to present prima facie evidence of all facts essential to its case. 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. Sometimes the introduction of prima facie evidence is informally called making a case or building a case."
2006-09-26 16:28:46
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answer #2
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answered by Owen 5
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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 proof, which requires that party to present prima facie evidence of all facts essential to its case. 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. Sometimes the introduction of prima facie evidence is informally called making a case or building a case.
2006-09-26 16:27:53
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answer #3
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answered by FreakMachine 2
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It means "on the face of it" or, more loosely, "at first glance". This means that there is something in the evidence against a person which might indicate that he or she has committed an offence. A prima facie case is one which merits further investigation in court.
2006-09-26 17:37:39
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answer #4
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answered by Doethineb 7
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It's a latin term whose literal translation is "at first sight." It generally refers to something that is sufficient to establish a fact or raise a presumption absent any evidence that would disprove the fact or rebut the presumption. As it applies to evidence, it refers to evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced.
2006-09-26 16:29:45
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answer #5
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answered by sarge927 7
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"On the face of it" - something that appears to be the case at first glance. The implication is that on further examination of the evidence, it may turn out not to be the case. But you at least have an initial reason to believe it.
2006-09-26 16:27:26
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answer #6
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answered by DS 4
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literally it means -- on the face of it...but in law...it all depends on the circumstances and the context in which it is stated..you have to be care full with the legal interpretations....a Latin dictionary could help along with your case -- whatever case you are trying to make....i did write about it longer than necessary...because in law...while you quote the Latin sentence you have to add a lot of verbiage to make a case. with this, i rest my case.
2006-09-26 16:31:06
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answer #7
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answered by s t 6
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It means "On first appearence". It is how things appear to the arresting officer when he makes the arrest.
2006-09-26 16:40:15
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answer #8
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answered by Den 4
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THE MAIN FACE
2006-09-26 16:51:51
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answer #9
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answered by frankalan9999 3
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http://en.wikipedia.org/wiki/Prima_facie
there you go
2006-09-26 16:28:29
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answer #10
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answered by Gilla 3
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