What does prima facie mean in legal terms?
It literally translates to “on the face of it.” In legal terms it means that the prosecuter has put forth sufficient evidence to create a rebuttable presumption that a crime/act has been committed. For example, every crime has a list of elements that must be met. For example, burglary requires that a person 1) break, 2) and enter, 3) into a dwelling house, 4) at night, 5) with the intent to commit a felony within. (Most states have removed the elements of “at night” and changed “dwelling house” to any building). In order to make out a prima facie case the prosecuter will have to provide enough evidence to show that every element was met by the defendant. What is a rebuttable presumption? Well, the prosecuter may offer evidence of a fingerprint found within the home to prove the element of “entry.” At trial the defendant may offer evidence that he was in the home in the past because he was hired to do some work.
