Prima Facie
(PREE-mah FAH-chee-eh) - "at first appearance"
This Latin phrase is frequently pronounced on television and in Hollywood movies as "PRY-muh FAY-shuh." Prima facie refers to the way evidence appears on the surface prior to conducting a more thorough investigation or examination. An example might be a case in which notes in the possession of a student while taking an examination are grounds for an accusation of cheating. In a murder case involving a shooting, if the accused had the weapon in his possession before arriving at the victim's home, it would constitute prima facie evidence that the crime was committed with malice aforethought and not in the heat of an argument.
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In any legal proceedings, the initiator of the legal action has the burden of proof. The prosecution in a criminal case must prove that the accused was responsible for the crime; likewise, a plaintiff must demonstrate that the defendant was liable for the injury or loss. In the above example, the mere fact that the student had notes in his possession, while strongly indicative, by no means constitutes proof that cheating occurred. However, if responses on the examination were worded in exactly the same way as the notes, and if two or more persons in the room had actually seen the student looking at his notes during the exam period and testified to the fact, it would be what is colloquially known as an "open and shut case."
Prima facie evidence is often presented in the beginning of a case; in fact, if the plaintiff fails to present prima facie evidence for any element of his/her claim at the start of proceedings, the judge may dismiss the case out of hand. That said, a case built on prima facie evidence alone can easily fall if the defense has strong evidence contradicting it.