# Understanding Prima Facie in Law: Definitions and Examples

![Prima Facie: Something that appears true, valid, or sufficient when first examined.](https://www.investopedia.com/thmb/WjMOSGeJNLsR_PoF_E8O_G_XCFw=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/Prima-facie_final-0ea611b649ed45e293519ac017d94ce7.png)

*— Investopedia / Michela Buttignol*

> **Definition**
>
> Prima facie is a Latin expression used in law to refer to a case that has merit when taken at face value.

## What Is Prima Facie?

Prima facie, a Latin term meaning "at first sight," is crucial in legal contexts, indicating that a case has sufficient initial evidence to proceed to trial. This concept applies to both civil and criminal law, where the [burden of proof](https://www.investopedia.com/terms/b/burden-proof.asp) lies with the plaintiff to establish a case that appears valid upon initial examination. If accepted, it compels the defendant to present counter-evidence. Understanding the role of prima facie is essential in navigating legal processes.

### Key Takeaways

*   Prima facie, a Latin term meaning "at first sight," is used in law to indicate that initial evidence is sufficient to proceed to trial or judgment.
*   In civil cases, the burden of proof lies with the plaintiff to present a prima facie case, which if established, requires the defendant to refute it with evidence.
*   Prima facie cases in tort law involve proving that a legal duty exists, that the defendant breached this duty, and that this breach caused harm.
*   In criminal law, prima facie requires the prosecution to present enough evidence for each component of the crime to move the case to trial.
*   Prima facie evidence can be rebutted through opposing evidence that challenges the information initially presented by the complainant.  
    

## In-Depth Look at Prima Facie Cases

To begin a lawsuit against someone, a complaint must be filed by the wronged party. In legalese, the complainant is called the [plaintiff](https://www.investopedia.com/laws-and-regulations-4427769). This party must file a lawsuit claiming a defendant’s actions (or inactions) caused an injury or damages.

In most legal proceedings, the plaintiff or prosecutor must provide prima facie evidence for each element of the charges against the defendant. The lawsuit proceeds to trial if the plaintiff can prove that specific actions or intent caused them harm. If the judge finds sufficient evidence at a pre-trial hearing, it's called a prima facie case.

The court will likely dismiss the case if the plaintiff lacks sufficient evidence supporting its claim. If a prima facie case exists, the defendant must present evidence at trial to counter it.

> **Fast Fact**
>
> A prima facie case is a term used to describe a case with enough proof to proceed to trial or judgment.

## Exploring Prima Facie Cases in Tort Law

A tort is an action considered wrongful, harmful, or that infringes on another's rights. Torts are civil wrongs where consequences are usually monetary, not criminal.

In a [tort law](https://www.investopedia.com/terms/t/tort-law.asp) prima facie case, a plaintiff must prove that a defendant has met all the components of a prima facie case to prove that they committed that tort.

The components needed for a prima facie case vary by tort. For the tort of negligence, the plaintiff must show that:

*   The person who injured them had a duty (civil obligation) not to do harm
*   The defendant breached that duty by harming the plaintiff with malicious intention and no other justification
*   There was actual harm
*   The defendant's breach caused those damages

Consider a prima facie tort case where a landlord wants to get rid of a dental practice in their office space simply because they do not like dentists, so they decide not to repair the leaky roof. This forces the dentist to vacate the space. The dentist can't find another facility in the town, so the dentist is forced to close, damaging their revenues and income. In this example, the burden of proof falls on the dentist, who must show that the landlord did something to cause the practice to fail.

If the plaintiff proves all components of a prima facie case, the court allows the trial to proceed. Otherwise, the case will likely be dismissed.

## Understanding Prima Facie Cases in Criminal Law

A prima facie case is similar in criminal law: the prosecution must present enough evidence that the defendant is guilty of the crime charged. If the prosecution cannot present evidence supporting each component, the case cannot move to trial.

For example, for a burglary charge, the prosecution must show the defendant broke in with intent and stole items.

> **Important**
>
> In a prima facie case, the defendant can offer evidence disputing each element of the crime that the prosecution establishes. On the other hand, the prosecution must prove each element beyond a reasonable doubt. The defendant's primary goal is to cast doubt upon the prosecution's proof. If they succeed, the case must be dismissed.

## Real-World Applications of Prima Facie Law

Title VII of the [Civil Rights Act of 1964](https://www.investopedia.com/terms/c/civil-rights-act-1964.asp) prohibits discrimination in employment based on sex, race, color, national origin, and religion. To establish a prima facie case of employment discrimination, a plaintiff must prove the following:

*   They were a member of a protected class
*   They suffered an adverse employment action
*   They met their employer’s legitimate expectations at the time of the adverse employment action
*   They were treated differently from similarly situated employees outside their protected class  
    

In some instances, the evidence presented in a claim is enough to allow for summary judgment. In a prima facie case, the facts established are sufficient to prove that the defendant’s actions support the plaintiff’s claims of injury.

In employment discrimination lawsuits, for example, the courts established tests and guidelines that judges use to determine whether a summary judgment (where the judge decides without a trial) can be given. If the plaintiff can establish a prima facie case, the defendant must prove that an employee was terminated for reasons other than discrimination.

### St. Mary's Honor Center et al. v. Hicks

In the 1992 case of _St. Mary's Honor Center et al. v. Hicks,_ a halfway house employee alleged that he was discharged because of his race, violating the [Civil Rights Act of 1964](https://www.investopedia.com/terms/c/civil-rights-act-1964.asp). When tried in District Court, the employee established a prima facie case of discrimination but was found to have not provided sufficient evidence to prove that the employer used race when it decided to fire the plaintiff.

The case went to the United States [Court of Appeals](https://www.investopedia.com/terms/a/appellate-courts.asp) and later to the Supreme Court. The Supreme Court found that while the employee did establish a prima facie case, this did not entitle the employee to a mandatory win.

## Can Prima Facie Evidence Be Rebutted?

Yes, prima facie evidence can be rebutted. The opposing party, or in legal cases, the defendant, can offer their own evidence to disprove or challenge the information presented by the plaintiff in a case presented to the court.

## What Are the Elements of a Prima Facie Case of Negligence?

The four elements required to establish a prima facie case of negligence are:

*   The existence of a legal duty that the defendant owed to the plaintiff
*   The defendant breached that duty
*   The plaintiff suffered an injury
*   Proof that the defendant's breach caused the injury

## How Would You Use Prima Facie in a Sentence?

Prima facie is generally used as an adjective to describe a noun, like a court case. A judge might say, "This is a textbook example of a prima facie case, so I'm allowing it to move to trial." The term might also be used to describe anything else that, at first glance, meets specific criteria.

## What Are Prima Facie Duties?

According to Scottish moral philosopher W. D. Ross in his book "Right and the Good_,"_ a prima facie duty is "a duty that is binding or obligatory, other things being equal." Common examples include the duty to tell the truth, obey the law, protect people from harm, and keep one's promises.

## The Bottom Line

A prima facie case, whether in civil or criminal law, requires a demonstration of sufficient evidence at first glance to proceed to trial. In civil cases, this involves proving a breach of duty that resulted in harm to the plaintiff. In criminal cases, it demands evidence that convincingly alleges the defendant committed a crime. Failing to meet this threshold typically results in case dismissal, emphasizing the importance of thorough initial evidence presentation.

> **Article Sources**
>
> 1.  Cornell Law School. "[Prima facie](https://www.law.cornell.edu/wex/prima_facie)."
>     
> 2.  The Catholic University of America, Columbus School of Law. "[Three Kinds of Fault: Understanding the Purpose and Function of Causation in Tort Law](https://scholarship.law.edu/cgi/viewcontent.cgi?article=2095&context=scholar)," Page 154.
>     
> 3.  General Counsel Attorneys at Law. "[Employee Must Meet Employer's Legitimate Expectations To Establish Case of Employment Discrimination](https://www.generalcounsellaw.com/employee-must-meet-employers-legitimate-expectations-to-establish-case-of-employment-discrimination/)."
>     
> 4.  Library of Congress. "[St. Mary's Honor Center et al. v. Hicks](https://tile.loc.gov/storage-services/service/ll/usrep/usrep509/usrep509502/usrep509502.pdf)," Page 1.
>     
> 5.  St. John's University. "[The Politics of Presumption: St. Mary's Honor Center v. Hicks and the Burdens of Proof in Employment Discrimination Cases](https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1448&context=jcred)," _Journal of Civil Rights and Economic Development_, vol. 9, issue 1, Fall 1993, pp. 75–80.
>     
> 6.  Cornell Law School. "[Negligence](https://www.law.cornell.edu/wex/negligence)."
>     
> 7.  Stanford University Department of Philosphy. "[William David Ross](https://plato.stanford.edu/entries/william-david-ross/)."