Prima Facie: Origin, Meaning and Explanation

This article titled ‘Prima Facie: Origin, Meaning and Explanation’ is written by Sahajpreet Bhusari and discusses the legal maxim of Prima Facie.

I. Origin and Meaning

Prima Facie is a legal maxim of Latin origin. In Latin, the maxim literally translates to, ‘on the face of it’.[1]

II. Explanation

Prima facie can be used as an adjective meaning, sufficient to establish a fact or state an assumption unless it is disproved or disproved. A preliminary case is the establishment of a legally binding rebuttal presumption. The preliminary action is a cause for action or defence that has sufficient evidence by one party to justify a judgment in its favour, provided that evidence is not disproved by the other party.

III. Application

In civil litigation, a plaintiff files a lawsuit alleging that the defendant’s actions (or inactions) caused the damage. For example, a business may claim that one of its suppliers breached a contract after an order failed to deliver and the non-delivery resulted in the business losing customers.

The complaint filed with the court provides general information about the reason for the action, the nature of the injury, and how the respondent may have contributed to the injury. Before going to trial, the court must determine whether the case has enough grounds to go to court. During the initial review of the petition in the preliminary hearing, the judge may determine that there is sufficient evidence to establish a rebuttable presumption in favour of the plaintiff. Therefore, this case is considered a prima facie case.

Even if such a case is allowed to go to trial, the plaintiff is not guaranteed to win. Civil lawsuits place the burden of proof on the plaintiff, and only when the plaintiff can provide superior evidence will the court consider the claim valid. If the plaintiff does not have enough evidence to prove that the defendant caused the damage, the court may rule against the plaintiff and dismiss the case.

If the court determines that there is preliminary evidence, the respondent must present evidence that passes the preliminary case in order to win the case.

In some cases, the evidence presented in the application is sufficient to permit summary judgment. In a preliminary proceeding, the facts established are sufficient to demonstrate that the respondent’s actions support the plaintiff’s claims of bias.

In employment discrimination trials, courts have established tests and guidelines that judges use to determine if summary judgments can be made. If the plaintiff is able to establish a preliminary action, the burden of proof shifts to the respondent, who must prove that an employee was terminated for reasons other than discrimination.

IV. Illustration

A and B are the only people in a class. A goes out for some work and when he returns, he finds that his device is lost. Prima Facie/ on the face of it, it seems like B stole it.

V. Case Laws

In the current case of Kehar Singh v. State (Delhi Admn.)[2], the fact that two defendants, including the one who actually caused the death, were seen together before the event happened, isolating themselves on a roof and doing their best to hide. Their conversations with members of their family are considered rudimentary enough evidence (or prima facie proof) of a conspiracy to punish one person for the actions of the other.

In the case of Jayendra Saraswathi Swamigal v. State of Tamil Nadu[3], one person’s confession to being involved with others in a conspiracy was deemed insufficient to be considered a preliminary case of conspiracy (not sufficient to frame a prima facie case).

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References

[1] Prima Facie, Available Here.

[2] AIR 1988 S.C. 1883.

[3] AIR 2005 S.C. 716.

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1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination