what the heck is prima facia in law?

Answer 1

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.

Answer 2

A prima facie case simply means that the accuser (be it police officer or plaintiff) has properly alleged a violation. Take, for example, the parking ticket.

If it has the time, place, and car properly described, and the violation properly noted (meter expired) and is properly signed by a police officer - the ticket is a prima facie case that you parked illegally.

A prima facie case is not necessarily a "strong" case. Take the example above. If you can show proof that your car was in a repair facility in Iowa at the time the police alleged you were parked in New York, you will be able to overcome the presumption that arose from the officer's prima facie case against you.

In a civil context, the factual allegations of the plaintiff have to add up to the elements of the violation for which the plaintiff is seeking damages. For example, to establish a prima facie case for breach of contract, the plaintiff would have to allege that there was a contract between the parties, that the plaintiff performed or was ready to perform, but that the other side breached. There is no presumption that attaches in this case...but without the sufficient elements in the allegation to form a prima facie case, the lawsuit will be dismissed.

A footnote: never, ever go to Wikipedia or similar sources for information about the law.

Answer 3

Prima facie means "the first showing", as in - "the judge granted a directed verdict in favor of the defendant because the plaintiff couldn't establish a prima facie case for negligence."

It usually refers to the threshold or bare minimum of establishing a defense or cause of action. For example, in order to win on a claim of negligence, the plaintiff has to establish that 1) the defendant owed the plaintiff a duty of care, 2) the defendant breached that duty, 3) the breach caused the plaintiff's injury and 4) the plaintiff was injured. This is would be referred to as a "prima facie" showing of negligence.

Answer 4

Prima facie means that there is stong evidence that an act was done.

Answer 5

On the face of it. A first sight.