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Prima facia : ウィキペディア英語版
Prima facie

''Prima facie'' (, , or ; from (ラテン語:prīmā faciē)) is a Latin expression meaning on its first encounter or ''at first sight''. The literal translation would be "at first face" or "at first appearance", from the feminine form of ''primus'' ("first") and ''facies'' ("face"), both in the ablative case. In modern, colloquial and conversational English, a common translation would be, "on the face of it". The term ''prima facie'' is used in modern legal English (including both Civil Law and Criminal Law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, ''prima facie'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling.
==Burden of Proof==
(詳細は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.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Prima facie」の詳細全文を読む



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