Prima Facie Legal Word

The issue of prima facie 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, although the employee had proven a prima facie case, he was not entitled to mandatory profit. The Latin term Prima-Facie means “at first sight”. From a legal point of view, this means that the evidence is sufficient to establish a factual presumption or to establish the fact in question, unless it is challenged. In a prima facie action, the facts are presented as sufficient to demonstrate that the underlying conduct supports the cause of action and will prove effective in court. 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. The case is therefore considered prima facie. 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. The term is also used in academic philosophy. Among its most notable applications is the theory of ethics, first proposed by W. D. Ross in his book The Right and the Good, often referred to as prima facie ethics of duties, as well as in epistemology, as used, for example, by Robert Audi. It is usually used as part of an obligation.

“I have a prima facie obligation to keep my promise and meet my friend” means that I am obliged, but this may lead to a more urgent duty. A more modern usage favours the obligation of title pro-tanto: one obligation which can then be abolished by another, more urgent one; It exists only pro tempore. In most court proceedings, the burden of proof rests with a party who requires him to provide prima facie evidence of all the essential facts of his case. If this is not possible, their appeal may be dismissed without the need for a reply from other parties. [4] A prima facie case cannot stand or fall on its own; If an opposing party presents further evidence or asserts a positive defence, this can only be reconciled with a full procedure. Sometimes the introduction of prima facie evidence is informally referred to as reasoning or case building. The concept of prima facie can be a bit confusing if you have little or no knowledge about how the law works. However, when you look at the realistic examples and read the basics of this concept, it becomes a little easier to understand.

The main difference between prima facie and res ipsa loquitur is that the term prima facie means that there is enough evidence to validate the case and go to court, while res ipsa loquitur means that the facts of the case are so obvious that no additional evidence needs to be presented to make it clearer. You can better understand this difference with an example. PRIMA FACIE. The first blush; the first view or appearance of the business; Indeed, the holder of an inactive invoice is prima facie its owner. 2. A prima facie case of a fact is legally sufficient to establish the fact, unless it is refuted. 6 pets. R. 622, 632; 14 Animal.

R. 334. See generally 7 J. J. Marsh, 425; 3 N. H. Rep. 484; 3 stew. and Port. 267; 5 Rand.

701; 1 selection. 332; 1 South. 77; 1 Yeates, p. 347; Gilp. 147; 2 N. and McCord, 320; 1 Miss 334; 11 Conn. 95; 2 roots, 286; 16 John. 66, 136; 1 Bailey, 174: 2 A. K. Marsh.

244. For example, if vessels are triggered by sparks emanating from a locomotive travelling along the road, this is prima facie evidence of negligence on the part of those responsible. 3 men. Gr. & Sc. 229. During the initial review of the application, which takes place at the preliminary hearing, the judge must determine whether there is sufficient evidence to establish a rebuttable presumption in favour of an applicant. Once this has been established by the judge, the case is considered prima facie.