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Prima Facie - Law Dictionary Search Results

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Account stated

M&W 106. The account must have been stated before action brought. An account stated, however, creates only a prima facie liability, which may be rebutted by disputing the debts charged in the account, as, for instance, by proving

undue influence

influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity

Character

a character when asked, but if he gives one he must do so honestly, and his answer in prima facie privileged. False Characters.--Giving false characters, whether verbal, R. v. Connolly, (1910) 1 KB 28, or not, to servants,

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showing

more specific of need by those who seek to perform drug-testing "D. A. Grossbaum"] [failed to make a prima facie of a constitutional violation warranting suppression of the evidence]

nonsuit

: a judgment entered against a plaintiff for failure to prosecute a case or inability to establish a prima facie case : dismissal nonsuit vt

essential element

must be alleged in the complaint or charging instrument (as the indictment) in order to make out a prima facie case

case

a party's case including arguments for which the party bears the burden of proof but not including rebuttal prima facie case : a case established by evidence that is sufficient to raise a presumption of fact or establish

Batson challenge

or sometimes ethnic background is an issue. The party making the objection usually must establish by evidence a prima facie case of discrimination, at which point the other party has the burden of advancing a neutral reason for

admissible

of being allowed or permitted [the difficulty would be lessened if entries in books of account were as prima facie evidence "B. N. Cardozo"] ad·mis·si·bil·i·ty [-mi-sə-bi-lə-tē] n

Bond

1925, s. 81, and the receipt of the survivors is sufficient, s. 111, ibid., but joint obligees are, prima facie, tenants in common in equity for all other purposes. A bond conditioned either to do something which is

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