Also known as: prima facie cases · prima facie
Written by attorneys · grounded in primary & secondary sources — see below
A threshold evidentiary showing that, if unrebutted, permits a factfinder to conclude that a required element or claim has been established. The showing creates a presumption or shifts the burden of production to the opposing party, which must then come forward with contrary evidence or explanation. Failure to rebut allows the proponent to prevail on that issue.
Phoebe Park, a Black defendant on trial for robbery, noticed the prosecutor used peremptory strikes to remove all Black venire members. Her counsel objected and pointed to the pattern of strikes along with the absence of any race-neutral reason apparent from the record. The trial court found the pattern sufficient to require the prosecutor to explain the strikes before allowing the jury to be seated.
After Jordan Hale died, Dylan petitioned for a declaration of intestacy and supplied evidence of death, venue, and his status as sole heir. Peggy countered with a competing petition to probate a digital document as Hale's will. The probate court required Peggy to produce prima facie proof of due execution before shifting any further burden to Dylan on capacity or revocation.
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Pulse Media sold a home entertainment system to Pedro Pacheco under a contract that limited consequential damages for personal injury. When a defective component caused Pacheco serious burns, he sued for those damages. The court treated the limitation clause as prima facie unconscionable because the goods were consumer products and the injury was personal, requiring Pulse Media to justify the clause.
Paige Porter erected a burning cross on her lawn facing the home of her Black neighbors. Prosecutors charged her with a state offense that treated any cross burning as prima facie evidence of intent to intimidate. The trial court refused to apply the presumption automatically and instead required the state to prove Porter's specific intent beyond the act of burning itself.
Pacific Bank sued several competitors alleging an agreement to fix fees. The complaint described parallel fee increases but offered no direct evidence of an actual agreement. The district court dismissed the action because the allegations failed to state a plausible prima facie case of conspiracy under the applicable pleading standard.
Prosperity Investments challenged an agency rule governing nuclear plant licensing procedures. The company argued the agency had failed to consider required alternatives. The reviewing court held that the challengers had not made a prima facie showing that the agency ignored statutory factors, so the rule remained in force.
The defendant must demonstrate that the prosecutor exercised peremptory challenges to remove members of the defendant's race and that the circumstances raise an inference of purposeful discrimination. Once that showing is made the burden shifts to the prosecutor to offer a race-neutral explanation.
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The proponent of the will must establish prima facie proof of due execution in all cases. If the proponent is also the petitioner, that party must additionally show prima facie proof of death and venue.
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A limitation or exclusion of consequential damages for personal injury in consumer goods cases is prima facie unconscionable. The same limitation in a commercial setting is not.
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Yes. The statute may not treat every instance of cross burning as prima facie evidence of intent to intimidate without allowing the defendant an opportunity to prove an expressive, non-threatening purpose.
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…to apply the Federal Rule, and can refuse to do so only if the Advisory Committee, this Court, and Congress erred in their prima facie judgment that the Rule in question transgresses neither the terms of the Enabling Act nor constitutional restrictions.[^maj-13] We are reminded by the Erie opinion[^maj-14] that neither…