Prima facie

Prima facie is a Latin expression meaning "at first sight," used in common law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition of fact. In most legal proceedings, one of the parties has the burden of production, which requires that party to present prima facie evidence of all facts essential to its case. (See also burden of proof.) 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 not, however, be sufficient to enable a party to prevail, if the opposing party subsequently introduces contradictory evidence or asserts an affirmative defense.

Related Topics:
Latin - Common law - Burden of production - Burden of proof - Affirmative defense

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For example, in a criminal prosecution, the government has the burden of presenting prima facie evidence of each element of the crime charged. In a murder case, this would include evidence that the defendant's act caused the victim's death, and evidence that the defendant acted with malice aforethought.

Related Topics:
Criminal - Prosecution - Murder - Malice aforethought

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Prima facie is often confused (even by legal scholars) with res ipsa loquitur (the thing speaks for itself), the common law legal doctrine which in its modern incarnation allows a tort plaintiff to reach the jury on the question of a defendant's negligence, despite not producing any evidence explaining exactly how the defendant was negligent, by establishing circumstantial evidence from which unspecified negligence by the defendant can be inferred.

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