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Per Se Jurisdiction vs. Prima Facie Jurisdiction

Posted: Thu Dec 06, 2012 1:25 am
by echooo23
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Re: Per Se Jurisdiction vs. Prima Facie Jurisdiction

Posted: Thu Dec 06, 2012 2:43 am
by splittermcsplit88
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.

Re: Per Se Jurisdiction vs. Prima Facie Jurisdiction

Posted: Fri Dec 07, 2012 2:01 am
by echooo23
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.