legally speaking...what does prima facie mean?

[cleofus1]

i needs to know!

[Blue-Jay]

1. According to dictionary.com

pri·ma fa·cie ( P ) Pronunciation Key (prm fsh -sh, -sh-)

adv.
At first sight; before closer inspection: They had, prima facie, a legitimate complaint.

adj.
True, authentic, or adequate at first sight; ostensible: prima facie credibility.
Evident without proof or reasoning; obvious: a prima facie violation of the treaty.

[youngdem]

Primal face, Refers to Bush

[MN ChimpH8R]

9. No, no

PRIMATE face refers to ** :evilgrin:

prima facie was defined correctly by patcox2, at least in its legal sense.

[AverageJoe]

2. I'm not a lawyer

But I think in means "on its face." That is, the evidence clearly points to a particular conclusion. Like: I've drunk ten beers and am driving my car down the road. A cop stops me and notices that I smell of alcohol, am bleary-eyed and incoherent. This is prima facia evidence that I'm guilty of drunk driving.

At least, that's what I think it means....

[billyskank]

3. Latin for "on the face of it," I think

It means that there may be a legal case there; it hasn't been scrutinised yet but it appears that it may be worth arguing.

Of course, IANAL so what the f do I know.

[Heidi]

4. Here ya go:

http://www.ajc.state.ak.us/Reports/cjguideframe.htm

http://en.wikipedia.org/wiki/Prima_facie

[cleofus1]

5. thank you

that's what i thought it meant...

[Floogeldy]

6. In a nutshell

The phrase is Latin for "on its face." Basically, it is evidence that would, if uncontested, establish a fact or raise a presumption of a fact. Such evidence would prove a case, unless there is substantial contradictory evidence to disprove it.

:)

[ProfessorGAC]

7. From Mann & Roberts

First my bit:

Literally translated "before the face". Loosely so, it means "on its face".

From Mann & Roberts: A ruling or decision indicating that a behavior, in its most obvious and original form violates the letter and spirit of pertinent legal frames of reference. That frame of reference can be statutory, regulatory, or Consitutional in both civil and criminal jurisdictions.

IOW: It's something that obviously violates a standard. A contract with someone to commit a murder for hire, is both prima facie illegal and non-binding.
The Professor

[patcox2]

8. There is a technical use of the term, the initial burden of proof.

A party having to prove a case actually has a two-step or dual burden of proof. The first is often called the initial burden of proof, then there is the ultimate burden of proof. Both lie on the proponent of a proposition in a civil trial, or on the government in a criminal trial.

If you don't meet the initial burden to establish a prima facia case, the judge can dismiss before the other side even has to say a word. If you don't establish a prima facia case, the judge can rule on it and it never goes to the jury.

It is also a term of art in situations where there is an evidentiary presumption.

[ProfessorGAC]

10. I Think The M&R Definition Is Consistent With That

Thanks. I think our two posts are confirmatory.
The Professor