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Simple English definitions for legal terms

Prima facie

Read a random definition: just

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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