What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?

Best answer receives the points.What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
Prima Facie - each tort has a set of element that must be proven. If you can demonstrate each and every element, you have a prima facie case. For example, the tort of battery: you must prove


1. volitional act


2. intent to touch in a harmful or offensive manner


3. actual touching of the body of the plaintiff (or something closely attached thereto)


4. causation





Res Ipsa Loquitur - latin for ';the thing speaks for itself';


Res Ipsa Loquitur is a special kind of circumstantial evidence that allows the jury to make an inference of negligence in the absence of any actual evidence. In order to invoke R.I.L, there must be an accident of the kind that does not normally occur without negligence, the negligence was probably that of the defendent (the instrumentality was exclusively in the control of the defendant), and the plaintiff did not contribute to the accident. R.I.L. is used as a last resort - and it is only evidence of negligence, not proof.What is definition of Prima facie case, res ipsa loquitur case, in Civil Lawsuit in Federal or Circuit Court?
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Prima facie case is, such as will prevail contradicted and overcome by other evidence. a case which has proceded upon sufficient proof to that stage where it will support finding if evidence to contrary is disregarded. A prima facie case consists of sufficient evidence in the type of case to get plainiff past a motion for directed verdict in a jury case or motion to dismiss in nonjury case; it is the evidence necessary to require defendent to proceed with their case.





res ipsa loquitor: The thing speaks for itself. Rebuttable presumption or inference that defendant was negligent, which arises upon proof that instrumentality causing injury was in defendent's exclusive contol, and that the accident was one which ordinarily does not happen in absence of negligence.