A legal term that means the proposed evidence on its face establishes the minimum elements necessary to prove an arguable presumption of guilt or civil wrong
Example of Prima Facie in Civil Context
In the civil context, one example of a prima facie case happens in what is called a default prove-up hearing. A prove-up hearing is when a civil defendant is found in default by not appearing in the case.
In a prove-up hearing, the plaintiff presents just enough evidence to support each element of the legal action by a mere preponderance of the evidence.
Since each element of the plaintiff’s case is presented to the court, unopposed by the defaulting defense, the plaintiff will be awarded a default judgment in the amount proved by the plaintiff.
Example of Prima Facie in Criminal Context
In a criminal grand jury, the proceedings are held in secret. The potential defendant is usually excluded from the hearing. The prosecutor needs only a prima facie case to indict, which means just enough evidence to support a probable cause finding on each legal element that makes up the crime.
An indictment does not mean the person is found guilty of the crime, but rather, there is enough evidence to make a prima facie case to move the matter to an actual felony trial.
