Prima Facie Case Law

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Price Below Cost - Legal Elements—Prima Facie Case. Price Below Cost - Legal Elements—Prima Facie Case In document Predatory Pricing: Strategic Theory and Legal Policy (Page 34-46) A. Legal Elements—Prima Facie Case 4. Price Below Cost. case of predatory pricing in this section, and the efficiencies defense in a separate section. The …

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This entry about Prima Facie Case has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Prima Facie Case entry and the Lawi platform are in each case credited as the source of the Prima Facie Case entry. Please note this CC …

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The prima facie case is presented by the prosecutor or plaintiff to a judge at a pretrial to show there is a good reason to take the case to trial. If the judge agrees that there appears to be

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PRIMA FACIE CASE. prima facie case. 1. The establishment of a legally required rebuttable presumption. [Cases: Evidence 53, 85. C.J.S. Evidence §§ 2, 130–132, 134–135, 1341.] 2. A party’s production of enough evidence to allow the fact-trier to infer the fact at issue and rule in the party’s favor. [Cases: Evidence 584(1). C.J.S

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1. In common parlance the term prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presenta

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In McDonnell Douglas v. Green, 411 U.S. 792, 802 (1973), it was determined that a plaintiff must raise an inference of disparate treatment to establish a prima facie case, not actual proof of such treatment.

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After a prima facie case is found, the defendant may argue, without calling evidence, that the evidence founding a prima facie case is insufficient to support a conviction: DPP v Elskaf, above, at [48].Before ruling on this submission it is wise to ensure that the defence does not intend to call evidence should the submission fail: DPP v Kirby [2017] NSWSC 1754 at [49].

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PRIMA FACIE CASE: Burden of Proof. posted Jan 13, Case Law: In re Warner, 379 F.2d 1011, 1016-1017 (C.C.P.A. 1967) We think the precise language of 35 U.S.C. § 102 that "[a] person shall be entitled to a patent unless," concerning novelty and unobviousness, clearly places a burden of proof on the Patent Office which requires it to produce the factual basis for its …

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Ask a question, respond to a question and better understand the law today! FREE - Join Now. Legal Forums. Australian Legal Forums. Criminal Law Forum . 1; 2; Next. 1 of 2 Go to page. Go. Next Last. A. AnthonyC Well-Known Member. 7 September 2014 47 4 124. 6 January 2017 #1 My question relates to a situation where there is clearly no Prima Facie case, ie. the …

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In Age Discrimination in Employment Act, 29 USCS §§ 621- 31, 633-34, case, once employer asserts legitimate nondiscriminatory reason for its actions, it has done everything that would be required if plaintiff has properly made out prima facie case; thus, whether prima facie case has been established drops from case and only question is whether there existed …

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PRIMA FACIE CASE. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. A case which, based upon the allegations and proof presented, is sufficient to (a) withstand a motion to dismiss by a defendant and proceed to trial, or (b) make a motion for a directed verdict which should be granted unless the defendant provides proof to the contrary

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A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defence that is sufficiently established by a party’s evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party. Origin Latin Illustration

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A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party. Application. Various torts will typically have prima facie cases attached to them. A plaintiff would typically need to prove that a defendant has met all the components of a prima facie

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Peel Law Association v. Pieters, 2013 ONCA 396 (CanLII) [30] In order to establish a prima facie case of discrimination, the applicant must prove that (1) she had, or was perceived to have, a disability, (2) she received adverse treatment, and (3) her disability was a factor in the adverse treatment. See, for example, Communications, Energy & Paperworkers' Union of Canada …

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Legal Definition and Related Resources of Prima Facie Case Meaning of Prima Facie Case A prima facie case is one which is established by sufficient evidence and can be overthrown only by Rebutting Evidence adduced on the other side.

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First, the lower price must be given to meet an equally low price, and second, the price discrimination must be a defensive reaction to an individual competitive situation. The central inquiry to be made into any asserted 2(b) defense is whether the seller was acting in good faith. The burden is upon the

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The Wiky Legal Encyclopedia covers legislation, case law, regulations and doctrine in the United States, Europe, Asia, South America, Africa, UK, Australia and around the world, including international law and comparative law. Prima Facie in International Trade Meaning of Prima Facie, according to the Dictionary of International Trade (Global Negotiator): A Latin …

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Frequently Asked Questions

What does prima facie mean in law?

Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. The term prima facie evidence is used in both civil and Criminal Law.

What happens if there is no prima facie case?

No prima facie case. The matter is dismissed. After a prima facie case is found, the defendant may argue, without calling evidence, that the evidence founding a prima facie case is insufficient to support a conviction: DPP v Elskaf, above, at [48].

What is a prima facie pretrial hearing?

Pretrial Hearing. The prima facie case is the opportunity for the plaintiff to present a preview of the case they are making. The term 'prima facie' is Latin, meaning 'on its face' or 'at first look.' The prima facie case is presented by the prosecutor or plaintiff to a judge at a pretrial to show there is a good reason to take the case to trial.

What is the copyright policy for prima facie case?

This entry about Prima Facie Case has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Prima Facie Case entry and the Encyclopedia of Law are in each case credited as the source of the Prima Facie Case entry.

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