Examples Of Prima Facie

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Prima Facie is a phrase that came from Latin, which means ‘at first glance’ or ‘on the face of it’. It can also define as initial impression. However, that are two different meanings of ‘prima facie’. In one use, for most civil problems, ‘prima facie’ means having enough presented evidence to withstand a motion for directed verdict. The plaintiff must provide enough evidence to support the claims and shift the burden of evidence to the respondent. The evidence must be strong enough to call up the respondent to answer, this evidence is called as sufficient evidence. If there is no prima facie case, the respondent will just walk away without rebutting any evidence that the plaintiff has presented. Assume that an employer fail to promote the plaintiff based on her sex.…show more content…
There is no burden for the employer to produce until the case has become a prima facie case. However, if the plaintiff cannot produce enough evidence to support his/her claims, then the judge will decide that there is no prima facie case and may dismiss the case. The other uses ‘prima facie’ is also can define as specific evidence which is used to support the case in the charge. ‘Prima Facie evidence’ can be used in both civil or criminal law. For example, a people Q, have been murdered, the prosecutor presented a voice record about the defendant threaten to murder Q if Q does not want to accept his contract, such evidence may be Prima Facie evidence of intend to kill. Prima Facie evidence does not mean that it cannot be deny, it is use to prevent charges being made have no evidence to back it up and waste the time for court and other parties. According Section 173(f), if the judge decide no prima facie case then the defendant will be acquitted because the evidence is not sufficient. Presumption that the defendant are innocent until proven to the
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