- FACTO. In fact; by an act; by the act or fact. Ipso facto, by the act itself ; by the mere effect of a fact, without anything superadded, or any proceeding upon it to give it effect.
- FACT. A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence. An actual happening in time or space or an event mental or physical.
- PROOF. The effect of evidence; the establishment of a fact by evidence. Any fact or circumstance which leads the mind to the affirmative or negative of any proposition.. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged.
PRIMA_FACIE, Lat. At first sight; on the first
appearance; on the face of it; so far as can be
judged from the first disclosure; presumably;
a fact presumed to be true unless disproved by
some evidence to the contrary. State ex rel. Herbert
v. Whims, 68 Ohio App. 39, 38 N.E.2d 596,
599.
PRIMA FACIE CASE. Such as will suffice until
contradicted and overcome by other evidence. Pacific
Telephone & Telegraph Co. v. Wallace, 158
Or. 210, 75 P.2d 942, 947. A case which has proceeded
upon sufficient proof to that stage where
it will support finding if evidence to contrary is
disregarded. In re Hoagland’s Estate, 126 Neb.
377, 253 N.W. 416.
A litigating party is said to have a prima facie case
when the evidence in his favor is sufficiently strong for his
opponent to be called on to answer it. A prima facie case,
then, is one which is established by sufficient evidence, and
can be overthrown only by rebutting evidence adduced on
the other side. In some cases the only question to be considered
is whether there is a prima facie case or no. Thus
a grand jury are bound to find a true bill of indictment, if
the evidence before them creates a prima facie case against
the accused; and for this purpose, therefore, it is not necessary
for them to hear the evidence for the defense. Mozley
& Whitley. And see State v. Hardelein, 169 Mo. 579,
70 S.W. 130; State v. Lawlor, 28 Minn. 216, 9 N.W. 698.
PRIMA FACIE EVIDENCE. Evidence good and
sufficient on its face; such evidence as, in the
judgment of the law, is sufficient to establish a
given fact, or the group or chain of facts constituting the party’s claim or defense, and which if not
rebutted or contradicted, will remain sufficient.
State v. Burlingame, 146 Mo. 207, 48 S.W. 72.
Evidence which suffices for the proof of a particular fact
until contradicted and overcome by other evidence. Dodson
v. Watson, 110 Tex. 355, 220 S.W. 771, 772, 11 A.L.R.
583. Evidence which, standing alone and unexplained,
would maintain the proposition and warrant the conclusion
to support which it is introduced. Gilmore v. Modern
Brotherhood of America, 186 Mo.App. 445, 171 S.W. 629,
632. An inference or presumption of law, affirmative or
negative of a fact, in the absence of proof, or until proof
can be obtained or produced to overcome the inference.
People v. Thacher, 1 Thomp. & C., N.Y., 167. A litigating
party is said to have a prima facie case when the evidence
in his favor is sufficiently strong for his opponent to be
called on to answer it. A prima facie case, then, is one
which is established by sufficient evidence, and can be
overthrown only by rebutting evidence adduced on the
other side. Mozley & Whitley. State v. Lawlor, 28 Minn.
216, 9 N.W. 698. A “prima facie case” is one which is
apparently established by evidence adduced by plaintiff in
support of his case up to the time such evidence stands
unexplained and uncontradicted. Morrison v. Flowers, 308
Ill. 189, 139 N.E. 10, 12. A “prima facie case” is one in
which the evidence in favor of a proposition is sufficient to
support a finding in its favor, if all of the evidence to the
contrary be disregarded. Schallert v. Boggs, Tex.Civ.App.,
204 S.W. 1061, 1062. See, also, Presumptive Evidence.
PRESUMPTION. Of fact. An inference affirmative
or disaffirmative of the truth or falsehood of
any proposition or fact drawn by a process of
probable reasoning in the absence of actual certainty
of its truth or falsehood, or until such certainty
can be ascertained. Best, Pres. § 3.
Of Law. A rule of law that courts and judges
shall draw a particular inference from a particular
fact, or from particular evidence, unless and until
the truth of such inference is disproved. Steph.
Ev. 4; Lane v. Missouri Pac. Ry. Co., 132 Mo. 4,
33 S.W. 645. A rule which, in certain cases, either
forbids or dispenses with any ulterior inquiry. 1
Greenl.
Presumptions are divided into prcesumptiones
juris et de jure, otherwise called “irrebuttable
presumptions,” (often, but not necessarily, fictitious,)
which the law will not suffer to be rebutted
by any counter-evidence; as, that an infant under
seven years is not responsible for his actions;
prcesumptiones juris tantum, which hold good in
the absence of counter-evidence, but against which
counter-evidence may be admitted; and prcesumptiones
hominis, which are not necessarily conclusive,
though no proof to the contrary be adduced.
Mozley & Whiteley.
A natural presumption is that species of presumption,
or process of probable reasoning, which
is exercised by persons of ordinary intelligence,
in inferring one fact from another, without reference
to any technical rules. Otherwise called
“prcesumptio hominis.” Burrill, Circ. Ev. 11, 12,
22, 24.
Legitimate presumptions have been denominated
“violent” or “probable,” according to the
amount of weight which attaches to them. Such
presumptions as are drawn from inadequate
grounds are termed “light” or “rash” presumptions.
Brown.
Presumptions are evidence or have the effect of
evidence.
Presumptions are not “evidence”.
A presumption is a substitute for evidence,
REDRESS. The receiving satisfaction for an injury
sustained.
REMEDY. The means by which a right is enforced
or the violation of a right is prevented, redressed,
or compensated. Remedies are of four
kinds: (1) By act of the party injured, the principal
of which are defense, recaption, distress, entry,
abatement, and seizure; (2) by operation of
law, as in the case of retainer and remitter; (3)
by agreement between the parties, e. g., by accord
and satisfaction and arbitration; and (4) by judicial
remedy,
Strictly speaking, “remedy” is no part of the action, but
is the result thereof, the object for which the action is presented,
the end to which all the litigation is directed.
Mathews v. Sniggs, 75 Okl. 108, 182 P. 703, 707.
Remedies for the redress of injuries are either public, by
indictment, when the injury to the individual or to his
property affects the public, or private, when ‘the tort is
only injurious to the individual.
