Editing Prima facie (section)

==Burden of proof==
{{main|Burden of proof (law)}}

In most legal proceedings, one [[Party (law)|party]] has a burden of proof, which requires it to present ''prima facie'' evidence for all of the essential facts in its case. If it cannot, its claim may be dismissed without any need for a response by other parties.<ref>{{cite journal |last1=Herlitz |first1=Georg N. |title=The Meaning of the Term Prima Facie |journal=Louisiana Law Journal |date=November 1994 |volume=55 |issue=2 |page=391}}</ref> A ''prima facie'' case might not stand or fall on its own; if an opposing party introduces other evidence or asserts an [[affirmative defense]], it can be reconciled only with a full [[trial]]. Sometimes the introduction of ''prima facie'' evidence is informally called ''making a case'' or ''building a case''. For example, in a trial under [[criminal law]], the [[prosecution]] has the burden of presenting ''prima facie'' evidence of each element of the crime charged against the [[defendant]]. In a [[murder]] case, this would include evidence that the victim was in fact dead, that the defendant's act caused the death, and that the defendant acted with [[malice aforethought]].  If no party introduces new evidence, the case stands or falls just by the ''prima facie'' evidence or lack thereof, respectively.

''Prima facie'' evidence does not need to be conclusive or irrefutable: at this stage, evidence rebutting the case is not considered, only whether any party's case has enough merit to take it to a full trial. In [[common law]] jurisdictions such as the United Kingdom and the United States, the prosecution in a criminal trial must disclose all evidence to the defense. This includes the ''prima facie'' evidence. An aim of the doctrine of ''prima facie'' is to prevent litigants from bringing spurious charges which simply waste all other parties' time.