Prima facie case — in plain language
a set of facts or evidence that is strong enough to prove a claim unless the other side can provide evidence to disprove it
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Plain language
a set of facts or evidence that is strong enough to prove a claim unless the other side can provide evidence to disprove it
- enough evidence to proceed
- a sufficient initial case
- a strong enough starting point
What to watch for
- Non-lawyers often mistake 'prima facie' for 'final proof.' It is not final; it is merely the minimum amount of evidence required to keep a case alive and force the other side to respond.
- Translators often leave the Latin untranslated. This is a mistake because the term describes a specific procedural threshold that is invisible to someone who doesn't know Latin.
- The term is often confused with 'burden of proof.' A prima facie case is the result of meeting an initial burden, not the burden itself.
Distinguishing from Final Proof. A common misunderstanding is that a prima facie case means the case is "won." In reality, it only means the case is "strong enough to continue." The opposing party almost always has the opportunity to present their own evidence to rebut (disprove) the prima facie case.
Procedural Importance. In many legal contexts, if a party fails to establish a prima facie case, the judge will dismiss the case immediately without even hearing from the other side. Translators should emphasize that this is a "threshold" or "gatekeeping" concept.
Common Misunderstandings by Non-Lawyers.
- "If you have a prima facie case, you have already won." (No — you have only met the minimum requirement to keep the case going.)
- "Prima facie means the evidence is 100% true." (No — it means the evidence is accepted as true for now unless the other side proves otherwise.)
Legal definition
A "prima facie case" is the minimum amount of evidence needed to support a legal claim. If a person presents a prima facie case, they have provided enough evidence to win their argument unless the other side can come forward with evidence to prove otherwise. It is essentially the "starting point" of evidence required to prevent a judge from throwing a case out immediately.
Examples
Legal: The General Counsel has established a prima facie case under the Act.
Plain: The government lawyer has provided enough initial evidence to support the claim under the law.
Legal: Evidence of a blatant disparity is sufficient to support a prima facie case of discrimination.
Plain: Showing a clear and obvious difference in treatment is enough evidence to start a discrimination claim.
Legal: Once the General Counsel has established a prima facie case, the burden shifts to the respondent to show that it would not have hired the alleged discriminatees even in the absence of their union activities.
Plain: Once the government lawyer provides enough evidence to support the claim, the employer must then prove that they would have made the same hiring decision regardless of the workers' union involvement.
Where you'll see it
- court filings
- administrative hearings
- employment discrimination claims
- motions to dismiss
Related terms
- burden of proof
- rebuttal
- presumption
- evidence
- summary judgment
Word details
- Pronunciation
- PREE-muh FAY-shee-ay case
- Part of speech
- noun
- Origin
- Latin — at first sight
- Domains
- evidence law, administrative law, civil litigation
- Frequency
- very common
- Formality
- high
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