Look up prima facie in Wiktionary, the free dictionary. Prima facie is a Latin expression (come by way of Middle English) meaning "on its first appearance," or "by first instance" 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. Wikipedia does not have an article with this exact name. ...
Wiktionary is a multilingual, Web-based project to create a free content dictionary, available in over 150 languages. ...
This page lists direct English translations of common Latin phrases, such as veni vidi vici and et cetera. ...
Middle English is the name given by historical linguistics to the diverse forms of the English language spoken between the Norman invasion of 1066 and the mid-to-late 15th century, when the Chancery Standard, a form of London-based English, began to become widespread, a process aided by the...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ...
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. If the prosecution were to fail to introduce such evidence, then its case would fail on grounds of "failure to make out a prima facie case," even without rebuttal by the defendant. This evidence need not be conclusive or irrefutable, and evidence rebutting the case may not be considered. Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ...
Malice Aforethought is a 1931 murder mystery novel written by Anthony Berkeley Cox, using the name Francis Iles. ...
Prima facie is often confused 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 the plaintiff's failure to produce any evidence explaining exactly how the defendant was negligent, by establishing circumstantial evidence from which unspecified negligence by the defendant can fairly be inferred. Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ...
// Tort is a legal term that means civil wrong, as opposed to a criminal wrong. ...
The phrase prima facie is sometimes misspelled *prima facia in the mistaken belief that *facia is the actual Latin word; however, the word is in fact faciēs (fifth declension), of which faciē is the ablative. Latin is an inflected language, and as such its nouns, pronouns, and adjectives must be declined in order to serve a grammatical function. ...
In linguistics, the ablative case is a noun case found in several languages, including Latin, Sanskrit and in the Finno_Ugric languages. ...
The phrase is very commonly used, in exactly the same sense, in academic philosophy as well. Among the most notable uses of it in that discipline is the theory of ethics first proposed by W. D. Ross, often called the Ethic of Prima Facie Duties. To meet Wikipedias quality standards, this article may require cleanup. ...
Ethics (from the Ancient Greek ethikos, meaning arising from habit), a major branch of philosophy, is the study of value or quality. ...
W. D. Ross was a philosopher, known for work in ethics. ...
See also
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
This page lists direct English translations of common Latin phrases, such as veni vidi vici and et cetera. ...
In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ...
References Herlitz. (1994). The meaning of the term "prima facie" 55 La.L.Rev. 391 |
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