Also known as: ex-facie · on its face
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating that a matter appears directly from the face of a document or instrument itself without extrinsic inquiry. Courts and statutes use the phrase to describe defects, validity, or meaning that are evident on inspection of the writing alone.
Esther Eisenberg filed a complaint alleging an antitrust conspiracy among telecom carriers. The document recited parallel pricing but supplied no facts showing an agreement. The court examined the complaint on its face and dismissed it because the allegations did not cross the line from possible to plausible.
Ezra Eastman received a circular from Evergreen Bank listing interest rates for certificates of deposit. He attempted to accept the listed rates as an offer. The bank refused, explaining that the circular on its face was mere publicity and not an offer.
Select any source to read its text and confirm it supports the definition.
Esmé Ellington received a certificate from Echelon Security stating only the number of shares. The certificate on its face omitted the required minimum statements. The corporation later refused to recognize the certificate as properly issued.
Emanuel Escobar presented a document labeled money order drawn on a bank and payable on demand. Although described differently on its face, the instrument met the statutory definition of a check. The bank therefore treated it as a negotiable instrument.
Edgar Evers executed a document reciting that it was his last will and left property to a friend. Extrinsic evidence showed the document was created only to induce the friend to cohabit. The court held that the instrument on its face raised only a rebuttable presumption of testamentary intent.
Erika Echevarria challenged a zoning ordinance that on its face imposed different burdens on housing developments serving certain protected classes. The court examined the text alone and found the classification unconstitutional without requiring proof of discriminatory application.
A document is invalid on its face when the defect appears directly from its text or form without any need for outside evidence. Courts may refuse to enforce the document once that facial defect is identified.
Supporting sources
The phrase signals that the relevant fact or defect is visible from the writing itself. When a matter is not apparent on the face, parties must introduce outside evidence to prove it.
Supporting sources
Yes. Under the plausibility standard a court looks at the factual allegations appearing on the face of the complaint and determines whether they state a claim that is plausible rather than merely possible.
Yes. Corporate statutes require certain information to appear on the face of each share certificate. Failure to include the mandated statements renders the certificate defective on its face.
…Koota , 389 U. S. 241, 252-255 (1967); Dombrowski v. Pfister , 380 U. S. 479 (1965). We are not dealing with a statute that, on its face, appears to abridge free expression, an area of particular concern under Dombrowski and refined in Younger v. Harris , 401 U. S., at 50. We find it unnecessary to decide whether the…