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Mistwell Donating Member (553 posts) Send PM | Profile | Ignore Sat Jan-15-05 02:32 PM
Response to Reply #71
118. Uhhh
"Prima Facie evidence requires no further evidence and is irrefutable "proof" in a court of law."

In the words of Inigo Montoya, "I do not think that word means what you think it means."

Prima Facie evidence is not irrefutable proof. It's a rebuttable presumption. If something is prima facia evidence, it means that the burden of proof is shifted to the other side to disprove it...not that it is irrefutable proof.

For example, if you walk into a room and a guy has a bullet hole in his head, a gun in his hand, and an apparent suicide note, that is prima facia evidence of a suicide. The burden shifts to someone who suspects murder to show that it was not a suicide.

And yes, I am a lawyer.
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