Who is prima facie

Please help us improve our site! No thank you. LII Wex Prima facie. Prima facie Primary tabs Definition Latin for "at first sight. Application Various torts will typically have prima facie cases attached to them. For example, the tort of trespass has a prima facie case with 3 components : The defendant had the intent to invade the land The defendant invaded the land The plaintiff possessed the land and did not consent to the defendant's invasion If the plaintiff is not able to prove one of the components, then a court will likely find that the tort did not occur.

This means that the prosecution has to present a prima facie case that the defendant is guilty of the crime charged. If the prosecution cannot present evidence supporting each element part of a crime, the defendant must be acquitted even without having presented any evidence. Say a prosecutor charged a defendant with burglary. The prosecution must present evidence that the defendant entered the premises without authorization.

If the prosecution can only show that the defendant was found sometime after the burglary in possession of items stolen from the premises, this evidence alone will not support a burglary charge.

In fact, the defendant wouldn't need to offer any evidence but could request an acquittal based on the prosecution's failure to make out a prima facie case of burglary. But, where a prosecutor has evidence of the defendant's presence within the premises, such as the testimony of an eyewitness, the prosecution has satisfied the requirements of a prima facie case as to that element of the crime. Even a defendant who has evidence that an eyewitness was mistaken cannot immediately move for a verdict but must present that evidence in rebuttal.

A prima facie case is an early screen for a court to determine whether the prosecution can go forward to try the defendant fully for the crime.

As such, the standard of proof that the prosecution must satisfy at the prima facie case stage is lower than that for proof that the defendant is guilty. In order to establish a prima facie case , a prosecutor need only offer credible evidence in support of each element of a crime. By contrast, a prosecutor must prove defendant's guilt as to each element beyond a reasonable doubt to win a conviction.

So, even if a prosecutor can present enough evidence to establish a prima facie case as to all elements of a crime, the prosecution must nevertheless still prove the defendant's guilt beyond a reasonable doubt. This is a constitutional requirement. If a prosecutor cannot establish a prima facie case, that almost certainly means she did not have probable cause to support the arrest of the defendant.

That, in turn, means that the charges would be dismissed even before getting to the stage of the prosecution offering her prima facie case. As a result, the prosecution in most criminal trials has no difficulty establishing a prima facie case because the defendant would have already been released otherwise. The defendant has the opportunity to offer evidence disputing each element of the crime that the prosecution has established in its prima facie case.

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We and our partners process data to: Actively scan device characteristics for identification. I Accept Show Purposes. Your Money. Personal Finance. Your Practice. Popular Courses. What Is Prima Facie? Key Takeaways Prima facie refers to a case in which pre-trial evidence was reviewed by a judge and determined to be sufficient to warrant the trial. Prima facie is typically used in civil cases, where the burden of proof is on the plaintiff.

However, just because a case has been determined prima facie doesn't mean that the plaintiff will win. Article Sources.

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