EN - FR - DE - ES - IT - PT -

LexiconDream

📋 Prima Facie

Evidence that is sufficient to establish a fact or raise a presumption unless disproved.

Prima Facie

Prima facie means at first sight, on the face of it. In law, it describes evidence that is sufficient to prove a fact unless the other side disproves it. A prima facie case gets the plaintiff past the first hurdle. It does not guarantee victory, but it shifts the burden to the defendant.

The term appears in many contexts. A prosecutor presents a prima facie case to a judge to bind a defendant over for trial. An employment discrimination plaintiff establishes a prima facie case by showing membership in a protected class, qualification for the job, rejection, and circumstances suggesting discrimination. Once that is shown, the employer must articulate a legitimate reason for the rejection.

Prima facie in practice

Judges use the phrase to separate cases that deserve a trial from those that do not. It is a screening mechanism. A plaintiff who cannot make out a prima facie case loses on summary judgment or a motion to dismiss. A plaintiff who can gets to discovery, where the real evidence emerges. Prima facie is the first gate, not the last word.

Comments

No comments yet. Be the first to share a thought.

Leave a comment