this may be seem dumb but..

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goosey
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this may be seem dumb but..

Postby goosey » Mon Nov 08, 2010 7:26 pm

what does "prima facie" case mean?

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theskippa10
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Re: this may be seem dumb but..

Postby theskippa10 » Mon Nov 08, 2010 7:28 pm


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vanwinkle
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Re: this may be seem dumb but..

Postby vanwinkle » Mon Nov 08, 2010 7:33 pm

A "prima facie" case is a case that contains all the necessary elements to win (or at least move to the next step in the legal process). If you plead an intentional tort claim, and you fail to provide anything that supports a finding of intent, then you have not made out a "prima facie" case and the case might be dismissed even without the other side having to respond. It doesn't matter if they have a valid defense or not, by failing to make out a "prima facie" case you can't win even if they don't defend at all.

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goosey
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Re: this may be seem dumb but..

Postby goosey » Mon Nov 08, 2010 7:43 pm

vanwinkle wrote:A "prima facie" case is a case that contains all the necessary elements to win (or at least move to the next step in the legal process). If you plead an intentional tort claim, and you fail to provide anything that supports a finding of intent, then you have not made out a "prima facie" case and the case might be dismissed even without the other side having to respond. It doesn't matter if they have a valid defense or not, by failing to make out a "prima facie" case you can't win even if they don't defend at all.


so in the case of an exam, the "prima facie" case would be establishment of all the elements?

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BarbellDreams
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Re: this may be seem dumb but..

Postby BarbellDreams » Mon Nov 08, 2010 7:48 pm

Establishing all the elements makes a prima facie case and shifts burden on defendant to provide some sort of defense (if possible).

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beach_terror
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Re: this may be seem dumb but..

Postby beach_terror » Mon Nov 08, 2010 8:03 pm

Prima facie is just meeting the burden of production, correct? The burden of persuasion means that P must prove the elements to the applicable standard of proof (beyond reasonable doubt, preponderance, etc.) in order to actually win.

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James Bond
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Re: this may be seem dumb but..

Postby James Bond » Mon Nov 08, 2010 8:30 pm



Seriously

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kalvano
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Re: this may be seem dumb but..

Postby kalvano » Mon Nov 08, 2010 10:22 pm

betasteve wrote:Ok, this has gone on too much, and included errors by even me. So, let's have Black's settle this.
Prima facie means "sufficient to establish a fact or raise a presumption unless disproved or rebutted." Black's Law Dictionary 1310 (9th ed. 2009).



I don't believe you. Let's debate it some more.

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rayiner
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Re: this may be seem dumb but..

Postby rayiner » Mon Nov 08, 2010 10:27 pm

It's procedural crap you don't have to be clear on for the exam.

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Cemoore4
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Re: this may be seem dumb but..

Postby Cemoore4 » Tue Nov 09, 2010 12:45 am

From my understanding (as a 1L), if the prima facie case isn't made then the opposing counsel will move for summary judgment. That's the only relevance I have taken from it for now.




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