|
Reference: Black's Law Dictionary
Fifth Edition
© 1979 West Publishing Co.
Prima facie /práyma
féysyshiy(iy)/. Lat. At first sight; on the first
appearance; on the face of it; so far as can be judged from the first
disclosure; presumably; a fact presumed to be true unless disproved by
some evidence to the contrary. State ex rel. Herbert v. Whims, 68 Ohio
App. 39, 38 N.E.2d 596, 599, 22 0.0. 110.
Prima facie case. Such as will
prevail until contradicted and overcome by other evidence. Pacific
Telephone & Telegraph Co. v. Wallace, 158 Or. 210, 75 P.2d 942,
947. A case which has proceeded upon sufficient proof to that stage
where it will support finding if evidence to contrary is disregarded In
re
Hoagland's
Estate, 126 Neb. 377, 253 N.W. 416.
A prima facie case consists of sufficient evidence
in the type of case to get plaintiff * past a motion for directed
verdict in a jury case or motion to dismiss in a nonjury case; it is
the evidence necessary to require defendant to proceed with his case.
White v. Abrams, C.A.Cal., 495 F.2d 724, 729. Courts use concept of
"prima facie" case in two senses: (1) in sense of plaintiff producing
evidence sufficient to render reasonable a conclusion in favor of
allegation he asserts; this means plaintiff's evidence is sufficient to
allow his case to go to jury, and (2) courts used "prima facie" to mean
not only that
plaintiff's
evidence would reasonably allow conclusion plaintiff seeks, but also
that
plaintiff's
evidence compels such a conclusion if the defendant produces no
evidence to rebut it. Husbands v. Com. of Pa., D.C.Pa., 395 F.Supp.
1107, 1139.
See also:
http://dictionary.law.com/
http://www.lectlaw.com/def.htm
http://dictionary.lp.findlaw.com/
http://www.babylon.com/define/56/Legal-Dictionary.html
|