Black’s Law Dictionary, Sixth Edition, p. 1189
“Prima facie. Lat. At first sight on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. State ex rel. Herbert v. Whims, 68 Ohio.App. 39, 38 N.E.2d. 596, 499, 22 O.O. 110. See also Presumption.”
[Black’s Law Dictionary, Sixth Edition, p. 1189]
prima facie
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Prima Facie
[Latin, On the first appearance.] A fact presumed to be true unless it is disproved.
In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).
For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. If the plaintiff fails to make a prima facie case, the respondent may move for dismissal or a favorable directed verdict without presenting any evidence to rebut whatever evidence the plaintiff has presented. This is because the burden of persuading a judge or jury always rests with the plaintiff.
Assume that a plaintiff claims that an employer failed to promote her based on her sex. The plaintiff must produce affirmative evidence showing that the employer used illegitimate, discriminatory criteria in making employment decisions that concerned the plaintiff. The employer, as respondent, does not have a burden to produce evidence until the plaintiff has made a prima facie case of Sex Discrimination (Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed. 2d 207 [1981]). The precise amount of evidence that constitutes a prima facie case varies from claim to claim. If the plaintiff does not present a prima facie case with sufficient evidence, the judge may dismiss the case. Or, if the case is being heard by a jury, the judge may direct the jury to return a verdict for the respondent.
Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. The term prima facie evidence is used in both civil and Criminal Law. For example, if the prosecution in a murder case presents a videotape showing the defendant screaming death threats at the victim, such evidence may be prima facie evidence of intent to kill, an element that must be proved by the prosecution before the defendant may be convicted of murder. On its face, the evidence indicates that the defendant intended to kill the victim.
Statutes may specify that certain evidence is prima facie evidence of a certain fact. For example, a duly authenticated copy of a defendant's criminal record may be considered prima facie evidence of the defendant's prior convictions and may be used against the defendant in court (Colo. Rev. Stat. Ann. § 18-3-412 [West 1996]). A Civil Law example is a statute that makes a duly certified copy or duplicate of a certificate of authority for a fraternal benefit society to transact business prima facie evidence that the society is legal and legitimate (Colo. Rev. Stat. Ann. § 10-14-603 [West 1996]).
Further readings
Herlitz, Georg Nils. 1994. "The Meaning of the Term 'Prima Facie.'" Louisiana Law Review 55.
Cross-references
Burden of Persuasion.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
prima facie
(pry-mah fay-shah) adj. Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a grand jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account, makes it a prima facie case. However, proof that the bank had misprinted the account number on the checks might disprove the prosecution's apparent "open and shut" case. (See: prima facie case)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
prima facie
‘on the face of it’.
Collins Dictionary of Law © W.J. Stewart, 2006
PRIMA FACIE. The first blush; the first view or appearance of the business; as, the holder of a bill of exchange, indorsed in blank, is prima facie its owner.
2. Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted. 6 Pet. R. 622, 632; 14 Pet. R. 334. See, generally, 7 J. J. Marsh, 425; 3 N. H. Rep. 484; 3 Stew. & Port. 267; 5 Rand. 701; 1 Pick. 332; 1 South. 77; 1 Yeates, 347; Gilp. 147; 2 N. & McCord, 320; 1 Miss. 334; 11 Conn. 95; 2 Root, 286; 16 John. 66, 136; 1 Bailey, 174: 2 A. K. Marsh. 244. For example, when buildings are fired by sparks emitted from a locomotive engine passing along the road, it is prima facie evidence of negligence on the part of those who have the charge of it. 3 Man. Gr. & Sc. 229.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
[The Free Dictionary: Prima Facie]
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Prima Facie Definition:
- (Latin) A legal presumption which means on the face of it or at first sight.
Related Terms: Per Se
For example, proof of mailing a letter is prima facie proof that it was delivered to the person to whom it was addressed and will accepted as such by a court unless proven otherwise.
Other situations may require a prima facie case before proceeding to another step in the judicial process.
The rules of court and of procedure often allow that photocopies of business record or government documents constitute prima facie proof of their authenticity which sets down a presumption that they are as good as the originals subject to evidence to the contrary.
The signatures of officials and officers are also often taken as prima facie evidence as this sample from the US Code, Title 33, Chapter 17.1, ¶876:
"The signature without seal together with indication of grade of any officer performing any notarial act shall be prima facie evidence of his authority."
REFERENCES:
[Duhaime's Law Dictionary: Prima Facie]
Prima facie
Definition
Latin for "at first sight."
Overview
Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."
It may also be used as an adverb meaning "on first appearance but subject to further evidence or information." An example of this would be to use the term "prima facie valid."
A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
Application
Various torts will typically have prima facie cases attached to them. A plaintiff would typically need to prove that a defendant has met all the components of a prima facie tort case in order to prove that the defendant committed that tort. For example, the tort of trespass has a prima facie case with 3 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.
Further Reading
For more 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 Louisiana Law Review Article.
[Legal Information Institute, Wex: "Prima Facie"]
Federal Rules of Civil Procedure
Rule 8. General Rules of Pleading
(6) Effect of Failing to Deny. An allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
[Federal Rule of Civil Procedure 8(b)(6)]
Black’s Law Dictionary, Sixth Edition, p. 828
“Ipse dixit lipsiy diks:: lt!. He himself said it; a bare assertion resting on the authority of an individual.”
[Black’s Law Dictionary, Sixth Edition, p. 828]
Wikipedia topic: “Ipse dixit”, 10/24/2011
Ipse dixit is a Latin phrase meaning he himself said it. The term labels a dogmatic statement asserted but not proved, to be accepted on faith in the speaker.[1] Usually from a person of standing or good reputation, such as Aristotle or even Plato; a dictum.
The legal and philosophical principle of "Ipse dixit" involves an unproven assertion, which is claimed to be authoritative because "[Latin 'he himself said it.'"] It is asserted, but not proved, for example: "His testimony that she was a liar was nothing more than an ipse dixit."[2]
In the Middle Ages, scholars often applied the term to justify arguments if they had been used by Aristotle.[3]
[Wikipedia topic: “Ipse dixit”, 10/24/2011]
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FOOTNOTES:
[1] J.B. Sykes, ed (1982). The concise Oxford dictionary of current English (7th ed.). Oxford: Clarendon. ISBN 0-19-861131-5.
[2] Garner, Brian A., Ed., ed (1999). Black's Law Dictionary (7th ed.). St. Paul, MN: West. p. 833.
[3] Aristotle for Armchair Theologians.
“A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A Rule of Law. If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical conclusion from the proof that has been introduced. A presumption differs from an inference, which is a conclusion that a judge or jury may draw from the proof of certain facts if such facts would lead a reasonable person of average intelligence to reach the same conclusion.
A conclusive presumption is one in which the proof of certain facts makes the existence of the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by evidence to the contrary. For example, a child younger than seven is presumed to be incapable of committing a felony. There are very few conclusive presumptions because they are considered to be a substantive rule of law, as opposed to a rule of evidence.
A rebuttable presumption is one that can be disproved by evidence to the contrary. The Federal Rules of Evidence and most state rules are concerned only with rebuttable presumptions, not conclusive presumptions”
[The Free Dictionary by Farlex: “Presumption”; SOURCE: https://legal-dictionary.thefreedictionary.com/presumption]
Alonzo Bailey, Plff. in Err., v. State of Alabama, No. 300, Argued: October 20, 21, 1910., Decided: January 3, 1911
"Prima facie evidence is sufficient evidence to outweigh the presumption of innocence, and if not met by opposing evidence, to support a verdict of guilty. 'It is such as, in judgment of law, is sufficient to establish the fact; and, if not rebutted, remains sufficient for the purpose.' Kelly v. Jackson, 6 Pet. 632, 8 L. ed. 526. That is from Supreme Court in 219 U.S. 219 (31 S.Ct. 145, 55 L.Ed. 191)
[Alonzo Bailey, Plff. in Err., v. State of Alabama,
No. 300.,
Argued: October 20, 21, 1910.,
Decided: January 3, 1911]
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