what is prima facie
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Prima Facie Law and Legal Definition Prima facie is a Latin term meaning at first look, or on its face, and refers to evidence before trial which is sufficient to prove the case unless there is substantial contradictory evidence shown at trial. A prima facie case must be presented to Grand Jury by the prosecution in order to get an indictment.
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Stare Decisis Definition: A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, another Court of the same rank or lower, must apply that decision in cases presenting the same set of facts.
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Precedent Persuasive precedent (also persuasive authority) is precedent or other legal writing that is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case.
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The Bill of Rights About 100 years after the Bill of Rights was added to the Constitution, the Supreme Court began using the Fourteenth Amendment (ratified in 1868) to apply (or “incorporate”) rights from the Bill of Rights against the states.
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Subpoena duces tecum A subpoena duces tecum (or subpoena for production of evidence) is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. The summons is known by various names in different jurisdictions. The term subpoena duces tecum is used in the United States, as well as some other common law jurisdictions such as South Africa and Canada. It is a Latin phrase meaning you will bring with you under penalty of punishment.
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Prima facie Latin for at first sight.. Prima facie may be used as an adjective meaning sufficient to establish a fact or raise a presumption unless disproved or rebutted; e.g., prima facie evidence.
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- prima facie adjective [before noun]. › LAW ​based on what seems to be the truth when first seen or heard: The ​commission says the ​report ​provides prima facie ​evidence of ​media racism. They could only ​seek the ​information if there was a prima facie ​case of ​fraud to ​investigate.
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Sui generis Sui generis (/ˌsuːaɪ ˈdʒɛnərɪs/ ; [ˈsʊ.iː ˈɡɛnɛrɪs]) is a Latin phrase, meaning of its (his, her, or their) own kind; in a class by itself; unique. The term is widely used to refer to more esoteric entities in a number of disciplines, including.n law, it is a term of art used to identify a legal classification that exists independently of other categorizations because of its singularity or due to the specific creation of an entitlement or obligation. For example, a court's contempt powers arise sui generis and not from statute or rule.
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prima facie Prima Facie [Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).
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Sui generis Sui generis (pronounced [ˈs(j)uːaɪ ˈdʒɛnərɪs] or [ˈsuːɪ ˈdʒɛnərɪs]) is a term from Latin. It can be translated to Of (his/her/its) own kind. It basically means that something has very special characteristics. They are so special, that the thing cannot really be compared to anything else. It is used in various contexts.
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Precedent Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833. Stare decisis is Latin for “to stand by things decided.” The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. A court engages in vertical stare decisis when it applies precedent from a higher court.
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How To Pronounce Prima facie How to Say Prima facie. How do you say Prima facie in English? Pronunciation of Prima facie. How To Pronounce is the largest audio directory which contains audio like names, words, places, medical terminology, animals names, etc., or any hard words in English, Portuguese, French, German, Italian, Spanish, Swedish and other languages using our pronunciation dictionary.
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Prima facie In that sense, a prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
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- Primacy and recency are terms used in psychology to describe the effect of order of presentation on memory. The primacy effect results in information presented earlier being b … etter remembered than information presented later on. The recency effect results in better recall of the most recent information presented.he primacy effect results in information presented earlier being b … etter remembered than information presented later on. The recency effect results in better recall of the most recent information presented.
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prima facie Adj. 1. prima facie-as it seems at first sight; a prima facie case of murder. clear-readily apparent to the mind; a clear and present danger; a clear explanation; a clear case of murder; a clear indication that she was angry; gave us a clear idea of human nature.
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PRIMA-FACIE, EVIDENCE, CASE Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted. For example, when buildings are fired by sparks emitted from a locomotive engine passing along the road, it is prima facie evidence of negligence on the part of those who have the charge of it.
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- Louisiana Law Review Volume 55|Number 2November 1994 The Meaning of the Term Prima Facie Georg Nils Herlitz This Comment is brought to you for free and open access by the Law Reviews and Journals at DigitalCommons @ LSU Law Center.
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Search Legal Terms and Definitions A prima facie case presented to a grand jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account, makes it a prima facie case.
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prima facie Prima Facie. [ Latin, On the first appearance. ] A fact presumed to be true unless it is disproved. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation.
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Parens Patriae Parens Patriae. Parens Patriae: Legal term that defines the State's legal role as the guardian to protect the interests of children who cannot take care of themselves.For example, in an abuse or neglect case, this concept is used to explain the State's duty to protect minor children who lack proper care and custody from their parents.arens Patriae. Parens Patriae: Legal term that defines the State's legal role as the guardian to protect the interests of children who cannot take care of themselves.
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Fieri Facias Law and Legal Definition Fieri Facias Fieri Facias Law and Legal Definition Fieri facias is a Latin term that refers to a writ of execution directing a sheriff to take goods or property of someone against whom a judgment has been rendered. It is often abbreviated as fi. fa. A judgment creditor will often record a fi. fa. with county recorder in which the debtor is believed to own real property.
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Primacy And Recency Effect Primacy and Recency Effect The concept of primacy and recency effect has been explained in the serial position effect. Serial position effect means when people are exposed to series of stimuli; either they recall most of the recent ones (recency effect) or first few stimuli (primacy effect) most likely (Castel, 2008).
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Negligence Four elements are required to establish a prima facie case of negligence: the existence of a legal duty that the defendant owed to the plaintiff. defendant's breach of that duty. plaintiff's sufferance of an injury.
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- prima facie : (pry-mah fay-shah) adj. Latin for at first look, or on its face, referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial.
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- States possess this power through the doctrine of. : literally parent of the country,. permits a state to bring an action as a single party on behalf of a number of its injured citizens. Parens patriae, the Class Action Fairness Act, and the path forward: ... by Hayden, Patrick / Yale Law Journal.he king exercised these functions in his role of father of the country. In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs.
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PRIMA-FACIE, EVIDENCE, CASE PRIMA-FACIE, EVIDENCE, CASE. Latin for at first view.. Evidence that is sufficient to raise a presumption of fact or to establish the fact in question unless rebutted. A prima-facie case is a lawsuit that alleges facts adequate to prove the underlying conduct supporting the cause of action and thereby prevail.