Saturday, August 21, 2010

Can I sue for Prima Facie Case in Federal Court? Yes or No and why and why not!?

Your question is confusing. Prima Facie means ';a matter appears to be self-evident from the facts.';





To file a lawsuit in any court, your lawsuit would have to have a cognizable claim under law and you would have to detail the essential evidence of the case. The essential details are your claim and the evidence you present to the court in your filing that shows that your suit has merit and that you can continue with the case to a ruling. If you can not show prima facie evidence in your motion, the case would be dismissed and not proceed to trial.





Let's say Obama called me out in a press conference and called me an ';American Nazi';. I could bring suit in Federal court for defamation and in my filing I would have to provide certain evidence for my case to continue. I would have to prove that Obama lives in DC and I live in Illinois, thus we have an issue for a Federal Court Jurisdiction. I would have to show proof that Obama defamed me. Luckily for me, the term ';Nazi'; is so defamatory that is would be considered by most courts to be per se defamation. Once I have shown this evidence, then I will have met my prima facie burden to the court for the suit to continue to trial.





whaleCan I sue for Prima Facie Case in Federal Court? Yes or No and why and why not!?
Of course you can sue. It is the right of every person in the United States to have matters in controversy brought before the courts.





Under federal rules and under state rules, some persons may be barred from repeatedly filing frivolous lawsuits, but that affects only a few dozen people.

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