Also known as: prima facie correctness · prima facie
Written by attorneys · grounded in primary & secondary sources — see below
A determination or document that is presumed correct on its face and satisfies applicable legal requirements unless rebutted by sufficient contrary evidence.
During jury selection in a criminal trial, the defense notices the prosecutor has struck all Black jurors. The defense presents statistics showing a pattern of strikes against Black venire members. The court finds this establishes a prima facie case of racial discrimination, shifting the burden to the prosecutor to offer race-neutral reasons for the strikes.
Dylan petitions for a declaration of intestacy after Jordan's death and supplies evidence of death, venue, and heirship. Peggy offers a competing petition to probate a digital document as a will. The court requires Peggy to establish prima facie proof of due execution before addressing Dylan's intestacy claim.
Select any source to read its text and confirm it supports the definition.
Premier Manufacturing sells a defective appliance to consumer Pearl Porter. The sales contract limits consequential damages for personal injury. When Porter sues for burns caused by the appliance, the court treats the limitation as prima facie unconscionable and places the burden on the seller to justify the clause.
A state statute treats any cross burning as prima facie evidence of intent to intimidate. When Phoebe Park is prosecuted for burning a cross on her own property to express a political view, the court holds that the statute cannot treat the act itself as prima facie proof of threatening intent without allowing evidence of a non-threatening purpose.
After a statutory period, a surface owner claims lapsed mineral interests under an old deed. The court accepts the recorded documents as prima facie correct evidence of non-use and shifts the burden to the interest holder to prove continued ownership or excuse for non-use.
Two partners form a joint venture to develop property. One partner secretly acquires an adjacent parcel for personal gain. The court treats the partner's failure to disclose the opportunity as prima facie evidence of a breach of the duty of loyalty, requiring the partner to justify the conduct or face liability for profits.
A defendant must present evidence that permits an inference that the prosecutor exercised peremptory challenges on the basis of race. Once that showing is made, the burden shifts to the prosecutor to articulate a race-neutral explanation.
The proponent of the will must establish prima facie proof of due execution. The contestant then bears the burden of establishing lack of capacity or other grounds for invalidity.
A limitation of consequential damages for personal injury in consumer goods cases is prima facie unconscionable. Limitations in commercial loss cases are not.
The First Amendment requires that the state allow proof of an expressive, non-threatening purpose. Treating the act alone as prima facie evidence of intent violates that protection.
…Nor did he determine whether the husband intended to support the wife's children. Moreover, although a birth certificate is prima facie evidence of the facts recorded therein, G. L. c. 46, § 19, under our laws, genetic and legal parentage are not always coterminous. See G. L. c. 210 (adoption statute). It is undisputed in…