CTN PRESS

CTN PRESS

NEWS & BLOGS EXCLUCIVELY FOR INFORMATION TO ENGINEERS & VALUERS COMMUNITY

MEANING AND USE OF THE LEGAL TERMS: PRIMA FACIE

MEANING AND USE OF THE LEGAL TERM: PRIMA FACIE

Meaning: Prima facie, derived from Latin, translates to “at first sight” or “on its face.” In legal contexts, it refers to evidence or a case that, on its surface, appears to be sufficient to prove a particular fact or support a conclusion. It indicates that the evidence, if uncontested or unexplained, is adequate to establish a case or fact as true.

Use in Law:

  1. Burden of Proof: Prima facie evidence shifts the burden of proof to the opposing party. It implies that unless rebutted or contradicted, the presented evidence is deemed sufficient to support the case.
  2. Legal Presumption: Certain situations or evidence can create a prima facie presumption, allowing the court to assume the truth of a fact unless proven otherwise.
  3. Civil and Criminal Cases: It is commonly used in both civil and criminal law to determine whether a case should proceed to trial. If a party presents prima facie evidence, it may be adequate for the case to proceed without further evidence.
  4. Rebuttable Presumption: While prima facie evidence establishes a case as true unless challenged, it can be rebutted or contradicted by the opposing party with stronger evidence.

Example: In a contract dispute, if one party provides prima facie evidence showing that the other breached the terms, the burden then shifts to the accused party to offer evidence countering this claim. If they fail to do so, the court may rule in favor of the party presenting the prima facie evidence.

Understanding the concept of prima facie is essential in legal proceedings, as it helps determine whether there’s enough initial evidence to support a case or claim.

error: Content is protected !!
Scroll to Top