by WildCoastAmbler on September 3rd, 2007
"On the face of it"
by Shopping Sheryl - home from the hospital on September 3rd, 2007
It basically means that "on the face of it" or on the surface (if you will) there is enough evidence to make the case stick, unless and until it is contradicted at trial. You've got the smoking gun...it would take a whole lot to prove reasonable doubt.
I believe the burden lies on the prosecution to make a prima facie case in order to proceed to trial.
If the prima facie is made for a grand jury case, that results in an indictment.
(PS - I'm not a lawyer, nor do I play one on TV.)
by Anonymous on September 4th, 2007
It literally translates to "on the face of it." In legal terms it means that the prosecuter has put forth sufficient evidence to create a rebuttable presumption that a crime/act has been committed.
For example, every crime has a list of elements that must be met. For example, burglary requires that a person 1) break, 2) and enter, 3) into a dwelling house, 4) at night, 5) with the intent to commit a felony within. (Most states have removed the elements of "at night" and changed "dwelling house" to any building). In order to make out a prima facie case the prosecuter will have to provide enough evidence to show that every element was met by the defendant.
What is a rebuttable presumption? Well, the prosecuter may offer evidence of a fingerprint found within the home to prove the element of "entry." At trial the defendant may offer evidence that he was in the home in the past because he was hired to do some work.
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