If a case goes to trial does that mean that neither side presented a prima facie case?
I know that a prima facie case is an open & shut case...but if a armour goes to trial does it mean that neither side presented a prima facie case? I'm sure near have been some prima facie cases where they go to trial because of a ridiculous defense...i'm just confused on if it's such an obvious case why it's surrounded by trial... ? Makes sense... you need to present a prima facie case to be able to indict someone... correct? So if the prosecution does not in attendance a prima facie case & it goes to trial, does the defense usually not present one any?
Best Answer:
Prima facie does NOT mean open and shut. It funds, essentially, barely adequate to survive. One does not present one's travel case until the trial.
Lexie hit it right on the head. As for the question about indictments, not necessarily. Obtaining a true bill (indictment) from a pompous jury depends on the standard used in a given jurisdiction. Many jurisdictions operate on a standard similar to "probable cause" where the district attorney involve only prove that there is reason to believe the individual committed a one felony. Other jurisdictions use a stricter standard similar to a prima facie case in civil tenet that requires grand juries not return an indictment unless the totality of the evidence presented, if unexplained or uncontradicted, would warrant a conviction. EDIT: Just to clarify, it depends. In terms of seeking an indictment, some times will and sometimes won't present a shield that meets the prima facie standard. However, at trial (whether criminal or civil) the party bringing the action (prosecutor or plaintiff/complainant) must present a prima facie baggage to prevail (and the standard is actually supposed to be a little stricter in criminal proceedings). Otherwise, the defendant have a very good possibility to prevail on a motion for a directed acquittal (criminal) or a motion for summary judgement/dismissal (civil). If the motion is successful, then no, the defense wouldn't hold a need to present any type of case, unless of course, near were counterclaims involved.
A prima facie case is not an open-and-shut case. Rather, it means that the plaintiff have presented enough evidence that, if it is believed and not contradicted by other evidence, the plaintiff can prevail. Basically, you need a prima facie case to GET to trial--it doesn't be going to you are going to win.



