Burden of Proof
In most legal proceedings, one party has a burden of proof, which requires it to present prima facie evidence for all of the essential facts in its case. If they cannot, its claim may be dismissed without any need for a response by other parties. A prima facie case might not stand or fall on its own; if an opposing party introduces other evidence or asserts an affirmative defense it can only be reconciled with a full trial. Sometimes the introduction of prima facie evidence is informally called making a case or building a case.
For example, in a trial under criminal law the prosecution has the burden of presenting prima facie evidence of each element of the crime charged against the defendant. In a murder case, this would include evidence that the victim was in fact dead, that the defendant's act caused the death, and evidence that the defendant acted with malice aforethought. If no party introduces new evidence the case stands or falls just by the prima facie evidence or lack thereof.
Prima facie evidence need not be conclusive or irrefutable: At this stage, evidence rebutting the case is not considered, only whether any party's case has enough merit to take it to a full trial.
In some jurisdictions such as the United Kingdom, the prosecution in a criminal trial must disclose all evidence to the defense. This includes the prima facie evidence.
An aim of the doctrine of prima facie is to prevent litigants from bringing spurious charges which simply waste all other parties' time.
Read more about this topic: Prima Facie
Famous quotes containing the words burden of, burden and/or proof:
“Our domestic problems are for the most part economic. We have our enormous debt to pay, and we are paying it. We have the high cost of government to diminish, and we are diminishing it. We have a heavy burden of taxation to reduce, and we are reducing it. But while remarkable progress has been made in these directions, the work is yet far from accomplished.”
—Calvin Coolidge (1872–1933)
“[Exchange] the galling burden of bachelorship for the easy yoke of matrimony.”
—James Madison (1751–1836)
“If any proof were needed of the progress of the cause for which I have worked, it is here tonight. The presence on the stage of these college women, and in the audience of all those college girls who will some day be the nation’s greatest strength, will tell their own story to the world.”
—Susan B. Anthony (1820–1906)