Prima Facie: Legal Definition and Examples

Prima Facie: Something that appears true, valid, or sufficient when first examined.

Investopedia / Michela Buttignol

What Is Prima Facie?

The Latin expression prima facie means “at first sight”, “at first view", or "based on first impression." In both civil and criminal law, the term is used to denote that, upon initial examination, a legal claim has sufficient evidence to proceed to trial or judgment.

Key Takeaways

  • A prima facie case is one in which pre-trial evidence is reviewed by a judge and determined sufficient to warrant the trial.
  • Prima facie cases are typically civil cases, where the burden of proof is on the plaintiff.
  • The court will likely dismiss the case if the plaintiff lacks sufficient evidence to support their claim.
  • If the court determines that a prima facie case exists, the defendant must present evidence that overcomes the prima facie case to prevail.


Understanding Prima Facie

To begin a lawsuit against someone, a complaint must be filed by the party who has been wronged. In legalese, the complainant is called the plaintiff. The plaintiff must file a lawsuit claiming a defendant’s actions (or inactions) caused an injury or damages.

In most legal proceedings, one party (typically, the plaintiff or the prosecutor) has a burden of proof. This requires them to present prima facie evidence for each element of the charges against the defendant.

For the lawsuit to proceed to trial, the plaintiff (and their legal representatives) must provide proof that specific intent and actions occurred that caused damages or harm to the plaintiff. If enough evidence is provided, the lawsuit is called a prima facie case—one that, during the pre-trial hearing, a judge decides has enough evidence to proceed to trial.

A prima facie case is a term used to describe a case with enough proof to proceed to trial or judgment.

The court will likely dismiss the case if the plaintiff lacks sufficient evidence supporting its claim. If the court determines that a prima facie case exists, the defendant must present evidence during the trial that overcomes the prima facie case to prevail.

Prima Facie in Tort Law

A tort is an action considered wrongful, harmful, or that infringes on another's rights. Actions considered torts are civil liabilities—where punishment is generally monetary—rather than criminal liabilities.

In a tort law prima facie case, a plaintiff must prove that a defendant has met all the components of a prima facie case to prove that they committed that tort.

The components needed for a prima facia case vary by tort. For the tort of negligence, the plaintiff must show:

  • That the person who injured them had a duty (civil obligation) not to harm them
  • That the defendent breached that duty by harming the plaintiff with malicious intention and no other justification
  • That there was actual harm
  • That the defendant's breach caused those damages

For example, consider a prima facie tort case where a landlord wants to get rid of a dental practice in their office space simply because they do not like dentists, so they decide not to make repairs on the leaky roof. This forces the dentist to vacate the space. The dentist can't find another facility in the town, so the dentist is forced to close shop, damaging their revenues and income. In this example, the burden of proof falls on the dentist, who must prove that the landlord did something to cause the practice to fail.

If all the components of a prima facie case can be established, the court will allow the proceedings to continue. However, if the plaintiff can't prove these components, the court will likely dismiss the case.

Prima Facie in Criminal Law

A prima facie case is similar in criminal law: the prosecution has to present enough evidence that the defendant is guilty of the crime charged. If the prosecution cannot present evidence supporting each component of the crime, the case cannot move to trial.

For example, if the defendant is accused of breaking into a home and stealing expensive items, the prosecution must present evidence that the defendant entered the premises without authorization. It must also show that there was intent to commit burglary and that the defendant stole items from the premises.

In a prima facie case, the defendant has the opportunity to offer evidence disputing each element of the crime that the prosecution has established. On the other hand, the prosecution must prove each element beyond a reasonable doubt. The defendant's primary goal will usually be to cast doubt upon the prosecution's proof. If they succeed, the case must be dismissed.

Real-World Example of Prima Facie

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on sex, race, color, national origin, and religion. To establish a prima facie case of employment discrimination, a plaintiff must prove the following:

  • They were a member of a protected class
  • They suffered an adverse employment action
  • They met their employer’s legitimate expectations at the time of the adverse employment action
  • They were treated differently from similarly situated employees outside their protected class

In some instances, the evidence presented in a claim is enough to allow for summary judgment. In a prima facie case, the facts established are sufficient to prove that the defendant’s actions support the plaintiff’s claims of injury. In employment discrimination lawsuits, for example, the courts have established tests and guidelines that judges use to determine whether a summary judgment—where the judge decides without a trial—can be given. If the plaintiff can establish a prima facie case, the defendant must prove that an employee was terminated for reasons other than discrimination.

St. Mary's Honor Center et al. v. Hicks

In the 1992 case of St. Mary's Honor Center et al. v. Hicks, a halfway house employee alleged that he was discharged because of his race, violating the Civil Rights Act of 1964. When tried in District Court, the employee established a prima facie case of discrimination but was found to have not provided sufficient evidence to prove that the employer used race when it decided to fire the plaintiff.

The case went to the United States Court of Appeals and later to the Supreme Court. The Supreme Court found that while the employee did establish a prima facie case, this did not entitle the employee to a mandatory win.

What Is the Meaning of Prima Facie?

"Prima facie" is a Latin term that translates to "at first sight" or "on its face." In legal contexts, it refers to evidence that, on its face or at first impression, appears to be sufficient to prove a particular proposition or fact unless rebutted or contradicted by additional evidence.

What Are the 4 Elements of a Prima Facie Case of Negligence?

The four elements required to establish a prima facie case of negligence are: 

  • The existence of a legal duty that the defendant owed to the plaintiff
  • The defendant breached that duty
  • The plaintiff suffered an injury
  • Proof that the defendant's breach caused the injury

How Would You Use Prima Facie In a Sentence?

Prima facie is generally used as an adjective to describe a noun, like a court case. A judge might say, "This is a textbook example of a prima facie case, so I'm allowing it to move to trial." The term might also be used to describe anything else that, at first glance, meets specific criteria.

What Are Prima Facie Duties?

According to Scottish moral philosopher W. D. Ross in his book Right and the Good, a prima facie duty is "a duty that is binding or obligatory, other things being equal." Common examples include the duty to tell the truth, obey the law, protect people from harm, and keep one's promises.

The Bottom Line

A civil prima facie case is one where there is proof that a defendant had a duty to a plaintiff, breached that duty, the plaintiff suffered damages, and the defendant's actions caused the damages. In a criminal prima facie case, the plaintiff must provide enough evidence to demonstrate a crime was committed.

Article Sources
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  1. Cornell Law School. "Prima Facie."

  2. The Catholic University of America, Columbus School of Law. "Three Kinds of Fault: Understanding the Purpose and Function of Causation in Tort Law," Page 154.

  3. General Counsel Attorneys at Law. "Employee Must Meet Employer's Legitimate Expectations To Establish Case of Employment Discrimination."

  4. Library of Congress. "St. Mary's Honor Center et al. v. Hicks," Page 1.

  5. St. John's University. "The Politics of Presumption: St. Mary's Honor Center v. Hicks and the Burdens of Proof in Employment Discrimination Cases," Journal of Civil Rights and Economic Development, vol. 9, issue 1, Fall 1993, pp. 75–80.

  6. Cornell Law School. "Negligence."

  7. Stanford University Department of Philosphy. "William David Ross."

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