A prima facie legal evidence is sufficient to establish the fact, unless it is challenged. For example, if buildings are set on fire by sparks from a locomotive travelling on the road, this is prima facie evidence of negligence on the part of the railway undertaking. Once the applicant has demonstrated credibility, the burden of filing is shifted to the employer to articulate a legitimate and non-discriminatory reason for the applicant`s rejection. If the employer bears the burden, the claimant has the opportunity to provide evidence that the employer`s reason for the refusal was invalid. In civil and criminal law, prima facie refers to the initial examination with confirmatory evidence in support of a particular case. This is evidence that, if not refuted, can be used sufficiently to prove a case. In common law jurisdictions, the term prima facie is used in court proceedings to initiate a case and make a decision. Laws may provide that certain evidence constitutes prima facie evidence of a particular fact. For example, a certified copy of a defendant`s criminal record may be considered prima facie evidence of the defendant`s previous convictions and used in court against the defendant (Colo. Rev. Stat. Ann.
§ 18-3-412 [West 1996]). An example of civil law is a statute that makes a copy or certified copy of a power of attorney for a fraternal charity in order to provide prima facie commercial evidence that the corporation is legal and legitimate (Colo. Rev. Stat. Ann. § 10-14-603 [West 1996]). One of the objectives of prima facie doctrine is to prevent litigants from making false accusations that only waste the time of all other parties. Prima facie is a term used to describe the nature of something at the first observation. It is a lawsuit that proves that there is enough evidence to prosecute. In other words, prima facie refers to certain pieces of evidence that, if deemed sufficient, can be used to prove a case. The prima facie is often used in judicial hearings such as criminal and civil trials.
Prima facie is a Latin term meaning first sight. Prima facie is a legal claim that has sufficient evidence to proceed with a trial or judgment. In Latin, prima facie means „at first sight“ or „at first sight“. In the theory of political debate, prima facie is used to describe the mandates or elements of a positive case or, in rare cases, a negative counter-plan. If the negative team invokes prima facie the fact, it invokes the fact that the affirmative team cannot add or modify anything in its plan after it has been made in the first positive constructive statement. The term prima facie is used in modern legal English (including civil law and criminal law) to indicate that on first examination, there appears to be sufficient corroborating evidence to support a case. In common law systems, a reference to a prima facie case is evidence that, if not refuted, would be sufficient to prove a particular statement or fact. [3] The term is used similarly in academic philosophy. [2] Most court proceedings in most jurisdictions require a prima facie case, after which proceedings may be initiated to review and render judgment. [3] While a prima facie case may be brought before the courts, there is no guarantee that the applicant will win the case. Civil actions place the burden of proof on the plaintiff, and only if the plaintiff is able to present a preponderance of evidence will the court consider the claim valid. If the plaintiff does not have sufficient evidence to support his claim that the defendant caused harm, the court will likely rule against the plaintiff and dismiss the case.
If the court finds that there is a prima facie case, the defendant must provide evidence that transcends a prima facie case to prevail. The issue of a prima facie case has been addressed by the United States Supreme Court, for example in St. Mary`s Honor Center v. Hicks in 1992. In that case, a halfway house employee claimed that he was fired because of his race, in violation of the Civil Rights Act of 1964. At the District Court hearing, the employee made a prima facie case of discrimination, but it was found that he had not presented sufficient evidence to prove that the employer had used race as a factor when deciding to dismiss the complainant. The case went to the U.S. Court of Appeals and then to the Supreme Court. The Supreme Court found that even if the employee had proved a prima facie case, this did not entitle him to a mandatory profit. For example, a company may take legal action alleging that one of its suppliers is in breach of contract after failing to deliver an order and that the non-delivery resulted in the loss of customers by the company.
The application filed with the court provides general information about the cause of the claim, the nature of the infringement and how the defendant may have contributed to the violation. Before the hearing, the court must determine whether the case is sufficiently substantiated to be heard by the court. After an initial review of the application at a preliminary hearing, a judge may determine that there is sufficient evidence to establish a rebuttable presumption in favour of the applicant.
