this may be seem dumb but.. Forum

[goosey]

what does "prima facie" case mean?

[theskippa10]

http://lmgtfy.com/?q=prima+facie

[vanwinkle]

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.

[goosey]

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?

[BarbellDreams]

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

[beach_terror]

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.

[James Bond]

http://lmgtfy.com/?q=prima+facie

Seriously

[kalvano]

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.

[rayiner]

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

[Cemoore4]

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.