
	Where results make sense

Topic: Prima facie

Related Topics

Burden of proof

Res ipsa loquitur

Common law

Scots law

Rebuttal

Latin language

List of Latin words with English derivatives

Latin

Regulatory

Theft Act 1968

Fallacy

Extradition

Dishonesty

Ex libris

Person having ordinary skill in the art

In the News (Tue 10 Nov 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Legal Definition of Prima-Facie, Evidence, Case
		Under McDonnell Douglas, to establish his prima facie case, the plaintiff need not prove that discrimination was the motivating factor in his dismissal.
		A plaintiff who provides such evidence for his or her prima facie case may be able to survive summary judgment on this evidence alone.
		Prima facie evidence of a fact, is in law sufficient to establish the fact, unless rebutted.
	www.lectlaw.com /def2/p078.htm (675 words)

	Spartanburg SC \| GoUpstate.com \| Spartanburg Herald-Journal (Site not responding. Last check: 2007-11-06)
		Prima facie is a Latin expression (come by way of Middle English) meaning "on its first appearance," or "by first instance" used in common law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition or fact.
		A prima facie case may be insufficient to enable a party to prevail if the opposing party introduces contradictory evidence or asserts an affirmative defense.
		The phrase prima facie is sometimes misspelled prima facia in the mistaken belief that facia is the actual Latin word; however, the word is in fact faciÄ“s (fifth declension), of which faciÄ“ is the ablative.
	www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=prima_facie (345 words)

	MPEP 2142: Legal Concept of - 2100 Patentability, August 2006 (BitLaw)
		The legal concept of prima facie obviousness is a procedural tool of examination which applies broadly to all arts.
		If, however, the examiner does produce a prima facie case, the burden of coming forward with evidence or arguments shifts to the applicant who may submit additional evidence of nonobviousness, such as comparative test data showing that the claimed invention possesses improved properties not expected by the prior art.
		The initial evaluation of prima facie obviousness thus relieves both the examiner and applicant from evaluating evidence beyond the prior art and the evidence in the specification as filed until the art has been shown to suggest the claimed invention.
	www.bitlaw.com /source/mpep/2142.html (1049 words)

	Prima facie - Biocrawler (Site not responding. Last check: 2007-11-06)
		Prima facie is a Latin expression meaning "at first sight," used in common law regions to denote a case that is strong enough to justify further discovery and possibly a full trial.
		For example, being found standing near a dead gunshot victim with a smoking gun in your hand would establish a prima facie case for murder.
		Prima facie is often confused (even by legal scholars) with res ipsa loquitur (the thing speaks for itself), the legal doctrine which establishes that the evidence on its own is sufficient to establish the fact in question unless it is explicitly rebutted by other evidence or mitigating circumstances.
	www.biocrawler.com /encyclopedia/Prima_facie (123 words)

	Prima facie - RecipeFacts (Site not responding. Last check: 2007-11-06)
		Prima facie is a Latin expression (come by way of Middle English) meaning "on its first appearance," used in common law jurisdictions to denote evidence that is sufficient, if not rebutted, to prove a particular proposition or fact.
		A prima facie case may be insufficient to enable a party to prevail, however, if the opposing party subsequently introduces contradictory evidence or asserts an affirmative defense.
		The phrase prima facie is sometimes misspelled prima facia in the mistaken belief that facia is the actual Latin word, however the word is in fact, faciēs (5th Decl), of which faciē is the ablative.
	www.recipeland.com /facts/Prima_facie (358 words)

	Replacement No Longer Element of Employment Discrimination Prima Facie Case (Site not responding. Last check: 2007-11-06)
		However, over the years, the courts repeatedly have restated the fourth element of a discharge prima facie case as requiring replacement by someone outside the protected category occupied by the plaintiff, in cases where the classification of plaintiffs and their replacement were largely categorical (men/women), and not continuous (as with age).
		As the very name "prima facie case" suggests, there must be at least a logical connection between each element of the prima facie case and the illegal discrimination for which it establishes a "legally mandatory, rebuttable presumption," Burdine, 450 U.S. at 254 n.
		Rather, the prima facie case "clearly require[s] only 'evidence adequate to create an inference that an employment decision was based on illegal discriminatory criterion'" and is not limited to showing that the position was filled by a person not of the protected class.
	www.ocmilaw.com /CM/Articles/Articles40.asp (2299 words)

	Ephilosopher :: Philosophical Ethics Forum :: Prima facie (Site not responding. Last check: 2007-11-06)
		Prima facie: latin phrase meaning "at first sight." Thus, in the ethics of W. Ross, a prima facie duty is a defeasible presumption that we are obligated to perform an action.
		Oh, and for the record, I do not think one prima facie duty can be "more prima facie" than another prima facie duty: the Good, due to its indefinability and such, cannot be broken into a hierarchy.
		I do not think one prima facie duty can be "more prima facie" than another prima facie duty: the Good, due to its indefinability and such, cannot be broken into a hierarchy.
	www.ephilosopher.com /phpBB_14-action-viewtopic-topic-934.html (1471 words)

	Irish Nursing Board, An Bord Altranais
		When all the correspondence is received, the documentation is forwarded to the Fitness to Practise Committee to consider whether or not there is a prima facie case for holding an inquiry.
		If the Fitness to Practise Committee decide that there is not a prima facie case for holding an Inquiry the nurse/midwife is informed of this decision and the file is closed.
		In cases where the complaint has only made the complaint on one ground (a) or (b) and the Committee have decided that there is a prima facie case to hold an inquiry on both grounds, the Board may become the applicant on the other ground (a) or (b).
	www.nursingboard.ie /en/reporting_misconduct.aspx (617 words)

	Prima Facie (Site not responding. Last check: 2007-11-06)
		When a party has offered sufficient evidence covering every element of a cause of action, that party has presented was is called a prima facie case that will entitle the party to prevail unless the other side offers convincing counterevidence.
		For example, proof of mailing a letter is prima facie proof that it was received by the person to whom it was addressed and will be accepted as such by a court unless proven otherwise.
		Other situations may require a prima facie case before proceeding to another step in the judicial process so that a person would have to at least prove then, that at first glance, there appears to be a case.
	www.wctc.edu /busocc/law/prima.html (277 words)

	A Simple Ethical Theory (Site not responding. Last check: 2007-11-06)
		A prima facie duty is a duty that is = binding=20 (obligatory) other things equal, that is, unless it is overridden or = trumped=20 by another duty or duties.
		The rule might be the same in words as a prima = facie duty=20 (minus the phrase "unless other moral considerations override"), but = it=20 would no longer be merely a guideline because it describes what one=20 concretely should do.
		A second possible prima facie duty not mentioned by = Ross is=20 the duty to care, a duty reflecting concrete relationships such as = occur=20 within families or between close friends.
	www2.ups.edu /faculty/maxwell/prima_facie_WDRoss.mht (2313 words)

	Dictionary.com/Word of the Day Archive/prima facie
		Consumers pick up a CD at the store and think the difference between the 60 cents it takes to make a disk and the $16 retail price is prima facie evidence of gouging.
		But the dreary economic facts are these: Subtract all the costs and the overhead that serves to support other artists under the same roof, and the net profit that the record company retains is about 59 cents per CD.
		Prima facie is from the Latin phrase meaning "at first appearance."
	dictionary.reference.com /wordoftheday/archive/2006/08/01.html (131 words)

	Unabsorbed Home Office Overhead - Making a Prima Facie Case for Entitlement to Recovery Under Eichleay
		However, the contractor specifically identified only three contract changes as examples of such "myriad" interferences: an obstruction for a new storm drain, an obstruction for a new sewer manhole, and an existing water line that was in a different location than depicted in the specifications.
		First, Kato failed to demonstrate that there was a government-caused delay not concurrent with a delay caused by the contractor or for some other reason because Kato failed to provide an analysis of how the changed items individually, or in concert, acted to delay its overall completion of the contract work.
		ASBCA found that for the period in which the contractor alleged it was delayed, it continuously performed significant contract work, both inside and outside of the buildings it was renovating as part of the subject work.
	www.constructionweblinks.com /Resources/Industry_Reports__Newsletters/Aug_28_2006/unab.html (1301 words)

	Employee's prima facie case #16 - Employment Law 101
		A "prima facie case" is what an employee has to prove in a discrimination case in order to require an employer to explain itself in court.
		It's that minimum set of facts that a plaintiff has to include in a court complaint and be prepared to actually prove.
		In a case claiming discharge because of age, the employee might have to prove that someone significantly younger was kept on the job.
	www.lawmemo.com /101/2006/01/employees_prima_1.html (557 words)

	Bulletin to Insurers Regarding Revised Prima Facie Rates (Site not responding. Last check: 2007-11-06)
		Code, provides on or before October 1, 1990, and each three years after that, the Commissioner shall give written notice to all authorized insurers specifying the prima facie rates to be effective for the three-year period beginning on the next January 1.
		Therefore, please consider this bulletin as written notice of the new basic loss ratio of 42% for credit life insurance and the new prima facie rates for credit life and credit accident and sickness insurance to become effective for the three-year period beginning on January 1, 2006.
		For the three-year period ending December 31, 2004, the credit accident and sickness loss ratio at prima facie rates divided by the composite credit accident and sickness basic loss ratio was 1.01.
	oci.wi.gov /bulletin/0905primfac.htm (509 words)

	Fourth Circuit Decision Suggests "Flexibility" in Prima Facie Cases
		The Fourth Circuit articulated a Title VII complainant's prima facie case of discrimination, as recounted in Hill v.
		The Fourth Circuit's decision in Miles reinforces the purpose of the prima facie case – to weed clear cases of non-discrimination from a court's docket by requiring the plaintiff to make basic demonstrations from which inferences of discrimination may be drawn.
		Rather than rigidly impose the prima facie case requirements, however, the Fourth Circuit has signaled its intention that the courts remain "flexible" in their analysis of prima facie cases.
	www.msba.org /departments/commpubl/publications/bar_bult/2006/mar/mechak.htm (383 words)

	Prima facie Duties
		The word prima facie (meaning "at first glance") is used by Ross to describe the initial issues that matter to us when confronted with a moral choice.
		A prima facie duty is a moral obligation that is initially binding until a stronger and overriding obligation emerges.
		Ross argues that we intuitively perceive a small set of foundational prima facie duties, which are the basis of all moral judgments.
	www.freeforessays.com /show_essay/43991.html (357 words)

	Prima Facie Skincare Salon - San Francisco, CA, 94114 - Citysearch
		Facials, peels, massage therapy and eyebrow and eyelash tinting are also available.
		Prima Facie has this new male esthetician (Evan) and he is amazing!!!!
		When my facial was done, my friend told me that he wanted to try the male brazillian, so we asked Evan if there was time.
	sanfrancisco.citysearch.com /profile/899348/san_francisco_ca/prima_facie_skincare_salon.html (667 words)

	prima facie. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.
		At first sight; before closer inspection: They had, prima facie, a legitimate complaint.
		True, authentic, or adequate at first sight; ostensible: prima facie credibility.
		Evident without proof or reasoning; obvious: a prima facie violation of the treaty.
	www.bartleby.com /61/65/P0556500.html (101 words)

	INSTRUCTIONS: 4.10. Establish a Prima Facie Case AGAINST Income Tax Liability
		All of these facts create a prima facie presumption at the IRS in favor of you being liable for federal income taxes.
		The best place to accumulate evidence that establishes a prima facie presumption of non-liability is in the IRS’ own official administrative record on you BEFORE you have to go to trial.
		For further information on the process of creating a prima facie case, refer to section 8.3.2: Evidencing the Official Record.
	famguardian.org /TaxFreedom/Instructions/4.10EstPrimaFacieCase.htm (2137 words)

	LawKT.com: Law Firm Publications on Prima Facie Case
		As such, the court held that plaintiffs' evidence was sufficient to establish a prima facie case of sexual harassment under the appropriate legal standard and in turn, reversed the judgment rendered by the Court of Appeals.
		Specifically, the Appellate Division found that Plaintiff had made out a prima facie case of handicap discrimination, under the modified test it constructed: Plaintiff had shown that she was handicapped, was performing her job appropriately, was subjected to adverse employment action, and could show a causal connection between adverse employment action and her handicap.
		Once the employee establishes a prima facie case, then the burden shifts to the employer to demonstrate, by clear and convincing evidence, that the employer would have taken the same adverse personnel action in the absence of the employee’s whistleblowing activity.
	www.lawkt.com /pubs/Prima_Facie_Case.html (15139 words)

	Prima Facie Duties and Ethical Theories (Site not responding. Last check: 2007-11-06)
		Ross' seven prima facie duties and the three other prima facie duties introduced in the web page on the prima facie duties approach did not just fall from the sky.
		Most of them are taken from principles that, at one time or another, have been proposed as the central obligation in the moral life.
		If instead we start out from a theory that lists these prima facie duties, the other various ethical theories could be understood as elaborating one or more of the prima facie rules from a particular perspective.
	www.wku.edu /~jan.garrett/ethics/pfdtycor.htm (162 words)

	Prima Facie Proof (Site not responding. Last check: 2007-11-06)
		We conclude that Gibbons' sworn statement established a prima facie charge and that affidavits proving the employer's motive were not necessary.
		We have been unable to find an opinion from a Florida court setting forth the requirements necessary to establish a prima facie charge alleging a violation of section 447.501(1)(a)(d) and section 447.301 (3)(4).
		Once the plaintiff has established a prima facie case of retaliation, the burden shifts to the defendant to rebut the presumption of retaliation by producing legitimate, nonretaliatory reasons for the adverse employment action.
	www.flfen.org /gibbons.htm (754 words)

	Living the Scientific Life (Scientist, Interrupted): Prima Facie
		At first sight; before closer inspection: They had, prima facie, a legitimate complaint.
		Evident without proof or reasoning; obvious: a prima facie violation of the treaty.
		As a general rule, we should never consider the funding source as a prima facie evidence of either its validity or otherwise.
	scienceblogs.com /grrlscientist/2006/12/prima_fascie.php (623 words)

	Prima Facie Finding
		Nedegaard money to post campaign signs on his property and that Respondents failed to report these expenditures on their required financial reports, those facts would establish a violation of Minn. Stat.
		Nedegaard with a check drawn from Freedom Oil’s account instead of from his own personal account. But section 211A.13 does not address contributions or payments to individuals. It is limited to transfers between candidates and principal campaign committees.
		If the evidence at a hearing were to establish that the Respondents did provide the chicken dinners to the seniors in order to induce them to vote for the Respondents, and that the value of the food was more than “nominal”, those facts could establish a violation of Minn. Stat.
	www.oah.state.mn.us /aljBase/630116405.primafacie.htm (725 words)

	law.com Law Dictionary
		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.
		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.
	dictionary.law.com /default2.asp?selected=1598&bold=\|\|\|\| (136 words)

	Law.com - Clarifying Prima Facie Standard, Court Reinstates Smoker's Asbestos Claim
		Reversing a Philadelphia court's dismissal of an asbestos claim brought by a longtime smoker, a Pennsylvania Superior Court panel has underscored that an asbestos plaintiff may establish a prima facie case by presenting evidence of exposure and of breathlessness that impairs daily activities.
		CertainTeed Corp. -- is currently being considered by a separate Superior Court panel, despite a joint plaintiffs'-defense motion to have the two cases decided together.
		"What Johnson said [in Nybeck] is that where asbestos exposure is a factual cause of day-to-day impairment of life activities, the plaintiff has proven a prima facie case," Myers said.
	www.law.com /jsp/article.jsp?id=1094073204035 (839 words)

	Dr. Pulliam and Prima Facie
		Prima Facie offers total skin care because, regardless of whether you're considering surgery or just want a facial, caring for your skin is an ongoing covenant.
		Prima Facie aestheticians utilize the most advanced prescription products available.
		The great news is, you don't have to be a Prima Facie patient to order products from our skin care boutique.
	www.prima-facie.com /skin.html (213 words)

Try your search on: Qwika (all wikis)