Also known as: prima-facie evidence · prima facie
Written by attorneys · grounded in primary & secondary sources — see below
Evidence sufficient on its face to establish a fact or to shift the burden of production unless the opposing party introduces contrary proof.
Defense counsel in a criminal trial notes that the prosecutor used seven of eight peremptory strikes against Black venire members. Counsel supplies the strike pattern and demographic data. The court finds the statistics establish a prima facie case of purposeful discrimination and requires the prosecutor to offer race-neutral explanations.
Dylan petitions for a declaration of intestacy after Jordan's death. He files the death certificate, proof of venue in State A, and a family tree showing he is the sole heir. These documents meet the prima facie requirements of death, venue, and heirship, shifting the burden to any will proponent.
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Patricia buys a blender that explodes and injures her hand. The sales contract limits consequential damages for personal injury. Because the goods are consumer products, the limitation is prima facie unconscionable and the seller must prove the clause is conscionable.
Philip burns a cross on his own rural property during a protest against local policies. The state charges him with intimidation and treats the act itself as prima facie evidence of intent. Philip introduces evidence that the burning was part of an artistic performance, requiring the court to consider that proof before finding intent.
Priscilla offers an epidemiologist's study linking a drug to birth defects. The study meets basic reliability markers under the governing test. This presentation supplies prima facie evidence of scientific validity, shifting to the opponent the task of demonstrating flaws that would exclude the testimony.
Preston challenges a statute that presumes certain filled milk products are injurious. The statute supplies prima facie evidence of harm from the legislative findings. The producer must then come forward with proof that its product poses no health risk to rebut the presumption.
No. It satisfies the burden of production and shifts only the burden of going forward with evidence. The ultimate burden of persuasion remains with the party who originally bore it.
Prima facie evidence supplies enough proof to support a finding if unrebutted. A presumption is a legal rule that may compel a finding unless rebutted and may also shift the burden of persuasion depending on the jurisdiction.
The defendant must produce evidence that permits an inference of purposeful discrimination, such as a pattern of strikes against members of a cognizable racial group. Once shown, the burden shifts to the striking party to offer a race-neutral explanation.
No. The limitation is only prima facie unconscionable. The seller may still prove the clause is conscionable under the circumstances of the particular transaction.
No. The state must permit the defendant to introduce evidence that the burning served an expressive, non-threatening purpose before the fact-finder may infer intent.
…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…