Also known as: prima-facie · on its face
Written by attorneys · grounded in primary & secondary sources — see below
An initial showing or presumption sufficient to establish a fact or claim unless rebutted by contrary evidence.
Pierce Patterson, a criminal defendant, noticed that the prosecutor struck every Black venire member with peremptory challenges. He presented statistical patterns and voir dire notes showing a racial pattern. The trial court found the pattern created a prima facie case, shifting the burden to the prosecutor to supply race-neutral reasons.
Pearl Porter petitioned to probate a will and offered the signed document plus witness affidavits. The statute required her to supply prima facie proof of due execution. Once she did so, the burden moved to any contestant to prove lack of capacity or undue influence.
Select any source to read its text and confirm it supports the definition.
Paige Porter saw a full-page newspaper ad from Pulse Media listing a camera at a fixed price. She emailed an acceptance. Because the ad lacked language of commitment, it created no prima facie offer, so no contract formed when she responded.
Patrick Phan bought a consumer toaster from Pioneer Energy that caused personal burns. The sales contract limited consequential damages. The limitation on personal-injury damages was prima facie unconscionable, so the court refused to enforce it.
Paula Pierce received a share certificate from Peak Performance that omitted the required minimum statements on its face. The statute treats a certificate lacking those statements as failing to create prima facie evidence of share ownership.
Piper Patel sued Phoenix Technologies alleging a conspiracy but supplied only parallel conduct without additional facts. The complaint failed to state a claim that was plausible on its face, so the court dismissed it for lack of a prima facie showing under the governing pleading rule.
The defendant must present evidence that permits an inference that the prosecutor struck jurors on the basis of race. Statistical patterns from the venire and the prosecutor's questions can satisfy this initial threshold. Once met, the burden shifts to the prosecutor.
The proponent must supply prima facie proof of due execution in every case and, if also the petitioner, proof of death and venue. Contestants then bear the burden on lack of capacity, undue influence, or revocation.
No. The limitation on consequential damages for personal injury in consumer goods is only prima facie unconscionable. The court must still determine whether the clause is actually unconscionable on the full record.
A complaint must allege enough factual matter to make the claim plausible on its face. A mere possibility of liability or labels alone will not suffice to cross the prima facie threshold required by Rule 8.
…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…