SMG LA 245 Lecture Notes - Lecture 2: Appellate Court, Legal Realism, Precedent
Document Summary
Prima facie case - each legal claim, or cause of action, consists of a number of speci c elements. The elements constitute the prima facie case of that claim or cause of action. A person loses with respect to particular claim or cause of action if he fails to introduce evidence to prove each element of its prima facie case, Or if he fails to prove each element of its prima facie case by the applicable burden of proof. Burden of proof - the burden of proof is there duty the law imposes upon a party to a lawsuit to prove a prima facie case in order to prevail. Burden of production and persuasion depends on the type of case or claim. Criminal cases - the government must prove the case against defendant beyond a reasonable doubt. Most- civil cases - the plaintiff must prove its claim by a preponderance of the evidence.
