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Simple English definitions for legal terms

Prima facie

Read a random definition: without recourse

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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22:47
@ParallelAgreeableOrangutan: law school data so just passion.
22:47
@NemoPropheta: noo they drug test before the LSAT! U will get flagged!
ParallelAgreeableOrangutan
23:19
I'm intrigued llama
ParallelAgreeableOrangutan
23:21
Holdddddup all that number crunching on your lsd profile is your work? Damn
ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
0:22
@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
@llama: your cycle confuses me, your stats are good and you applied early but all of those Rs? Is there anything weird about your app?
do you have C&F issues or something?
also ur first choice is kansas but you didnt apply there?
12:55
@RasheedWallaceFan: Hi. Yes, I waited for April LSAT, put almost all apps (which were sent really early) so that basically most of my apps were reviewed In May. Shot myself in the foot for 155 -> 161 lmao. Would not recommend 10/10
12:57
@RasheedWallaceFan: unironically, KSLS was my top choice, however by April LSAT their app had closed. It was like waiting to date ur dream partner, but waiting until you graduate uni, then by the time u graduate uni, your soul mate is already married with 2.4 kids and 1.6 dogs. Heartbreak.exe fr fr
12:58
are you R&Ring?
13:00
No, I think what I will do is flip a coin: heds NKU, tails NEL|B what u guys think bout dat. Then once 1L - if good at LS, try to transfer, if bad at LS or one of my grandiose ideas/inventions are viable, drop out and pursue.
oh so you submitted the apps with a lower lsat and then retook
got it
Bettercaulsaul
13:33
Most schools will hold your application for the next test score to be released into your account as well. I was notified by an admissions director that if a decision is processed they will not retroactively go back for the new score even if higher
ParallelAgreeableOrangutan
13:34
I vote NEL-Boston so we can be friends :D
ParallelAgreeableOrangutan
13:34
But it says you withdrew?? :(
ParallelAgreeableOrangutan
13:41
@Bettercaulsaul: in my experience, there is often an option on the application for you to choose whether you'd like them to review your application as-is ASAP or hold it until your new score is released. but it probably varies by school—I just remember seeing that option on at least a few app forms
2:21
While I am unsure of what option you are referring to, I personally just emailed each school and asked for them to hold my app pending my lsat score release.
2:22
Sorry WNE = Western New England not NEL|B
14:50
Hey guys is anyone online rn
14:51
I need adviceee
15:48
shooooot
hey y'all so im gonna be honest im completely new to all this, i kinda bullshitted and took the LSAT and i have no clue what my odds are of getting into schools. 163 LSAT, 3.17 GPA, and a double major in undergrad i may write about in an addendum
Based on the list I see you made on your profile, you will need to make significant LSAT improvement for those schools to be contenders. Your primary focus should probably be working to get your LSAT practice tests up to a number you are happy with before you retest, and then test until you get a score you like. Don't rush an application cycle or apply late since those will hurt your odds of getting into your school as a splitter. Good luck!
oh that was literally just random stuff i dont know how this works
thank you so much!
im retaking in 4 days, and maybe again in august, and i was gonna apply to see what i got, and if i didnt like it i was going to wait till next cycle and work on improving my GPA
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