prima facie

A prima facie case is one that, if not rebutted, is enough to establish a fact or claim. The phrase is used at preliminary stages where the court does not decide the merits finally. For a temporary injunction, the plaintiff must show a prima facie case, balance of convenience and irreparable injury. At framing of charge, the court asks whether there is a prima facie case or ground for presuming the accused committed the offence.

A prima facie finding is tentative and does not bind the court at the final hearing. Students should not equate it with proof: it means a case worth trying, not a case proved.

Example

The court found a prima facie case of infringement and granted a temporary injunction pending trial.

See also

temporary injunction · charge · bail · per se

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Lok Adalats and Permanent Lok Adalats (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Arbitration agreement and its drafting (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Enforcement of arbitral awards and foreign awards (Alternative Dispute Resolution Systems)