![]() ![]() ( June 2014) ( Learn how and when to remove this template message)Įxample of a prima facie speed limit posted in Rapid River, Michigan (United States) Unsourced material may be challenged and removed. Please help improve this section by adding citations to reliable sources. A more modern usage prefers the title pro tanto obligation: an obligation that may be later overruled by another more pressing one it exists only pro tempore. "I have a prima facie obligation to keep my promise and meet my friend" means that I am under an obligation, but this may yield to a more pressing duty. It is generally used in reference to an obligation. Ross in his 1930 book The Right and the Good, often called the Ethic of Prima Facie Duties, as well as in epistemology, as used, for example, by Robert Audi. Among its most notable uses is in the theory of ethics first proposed by W. The phrase is also used in academic philosophy. In Canadian tort law, this doctrine has been subsumed by general negligence law. The plaintiff was away and had left the house in the control of the defendant. The pump was left on and flooded the plaintiff's house. For example: "There is a prima facie case that the defendant is liable. The difference between the two is that prima facie is a term meaning there is enough evidence for there to be a case to answer, while Res ipsa loquitur means that the facts are so obvious a party does not need to explain any more. Prima facie is often confused with res ipsa loquitur ('the thing speaks for itself', or literally 'the thing itself speaks'), the common law doctrine that when the facts make it self-evident that negligence or other responsibility lies with a party, it is not necessary to provide extraneous details, since any reasonable person would immediately find the facts of the case. This includes the prima facie evidence.Īn aim of the doctrine of prima facie is to prevent litigants from bringing spurious charges which simply waste all other parties' time. In common law jurisdictions such as the United Kingdom and the United States, the prosecution in a criminal trial must disclose all evidence to the defense. Prima facie evidence does not need to be conclusive or irrefutable: at this stage, evidence rebutting the case is not considered, only whether any party's case has enough merit to take it to a full trial. If no party introduces new evidence, the case stands or falls just by the prima facie evidence or lack thereof, respectively. In a murder case, this would include evidence that the victim was in fact dead, that the defendant's act caused the death, and that the defendant acted with malice aforethought. Sometimes the introduction of prima facie evidence is informally called making a case or building a case.įor example, in a trial under criminal law, the prosecution has the burden of presenting prima facie evidence of each element of the crime charged against the defendant. A prima facie case might not stand or fall on its own if an opposing party introduces other evidence or asserts an affirmative defense, it can be reconciled only with a full trial. If it cannot, its claim may be dismissed without any need for a response by other parties. In most legal proceedings, one party has a burden of proof, which requires it to present prima facie evidence for all of the essential facts in its case. Most legal proceedings, in most jurisdictions, require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling. The term is used similarly in academic philosophy. ![]() In common law jurisdictions, a reference to prima facie evidence denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term prima facie is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of primus ('first') and facies ('face'), both in the ablative case. Prima facie ( / ˌ p r aɪ m ə ˈ f eɪ ʃ i, - ʃ ə, - ʃ i iː/ from Latin prīmā faciē) is a Latin expression meaning at first sight or based on first impression. For the play by Suzie Miller, see Prima Facie (play).
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