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prima facie :: legal definition


Prima facie - : (pry-mah fay-shah) adj. Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a Grand Jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account makes it a prima facie case. However, proof that the bank had misprinted the account number on the checks might disprove the prosecution's apparent "open and shut" case.

See also: prima facie case and Related Law Terms ↓


Related Law Terms

actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
cashier's check :: n. a check issued by a bank on its own account for ... ansfers, tax payments and the like.
certified check :: n. a check issued by a bank which certifies that t ... "clears." See also: cashier's check
check :: n. a draft upon a particular account in a bank, in ... rtified check negotiable instrument
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
draft :: 1) n. a bill of exchange or check in which one par ... s. See also: bill of exchange check
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
postdated check :: n. a check delivered now with a written date in th ... livery of a bad check was criminal.
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
prima facie case :: n. a plaintiff's lawsuit or a criminal charge whic ... en and shut." See also: prima facie
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.