Per Se Jurisdiction vs. Prima Facie Jurisdiction

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echooo23
Posts: 265
Joined: Tue Jun 08, 2010 11:29 pm

Per Se Jurisdiction vs. Prima Facie Jurisdiction

Postby echooo23 » Thu Dec 06, 2012 1:25 am

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Last edited by echooo23 on Mon Jan 28, 2013 8:28 pm, edited 1 time in total.

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splittermcsplit88
Posts: 291
Joined: Thu May 28, 2009 10:40 pm

Re: Per Se Jurisdiction vs. Prima Facie Jurisdiction

Postby splittermcsplit88 » Thu Dec 06, 2012 2:43 am

Per se jurisdiction -- Conclusive.

Prima facie jurisdiction -- Presumed negligence unless you give a rebuttal. If no adequate excuse, then jury instructed to presume negligence.

They're very similar.

echooo23
Posts: 265
Joined: Tue Jun 08, 2010 11:29 pm

Re: Per Se Jurisdiction vs. Prima Facie Jurisdiction

Postby echooo23 » Fri Dec 07, 2012 2:01 am

My prof seems to think that in both excuses can be offered. But that in prima facie in addition to excuse, defendant can also claim the violation of the statute was not negligence. I'm not sure what this means exactly.




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