Prima facie, meaning “at first sight,” is used to describe the apparent nature of something upon initial observation. The term prima facie is generally used to describe two things:

1. The presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case)
2. A piece of evidence itself (prima facie evidence)

For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. For example, a plaintiff claims that her employer failed to promote her based on her sex. She must produce affirmative evidence showing that the employer used illegitimate, discriminatory criteria in making employment decisions that concerned the plaintiff. The employer, as respondent, does not have a burden to produce evidence until the plaintiff has made a prima facie case of employment discrimination.

Even if a prima facie case is permitted to go to trial, the plaintiff is not guaranteed to win the lawsuit. Civil lawsuits place the burden of proof on the plaintiff, and only if the plaintiff is able to provide a preponderance of the evidence will the court consider the claim to be valid.

Prima facie in tort law aims to provide relief to the injured party for harms caused by others who harmed them with malicious intent, but in a way that is not technically or specifically unlawful. In order to proceed to trial, a plaintiff will need to prove that a defendant has met all the components of a prima facie tort case which typically are:

• Duty of care
• Breach of duty
• Damages
• Causation