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"According to W. D. Ross (1877-1971), there are several prima facie duties that we can use to determine what, concretely, we ought to do. A prima facie duty is a duty that is binding (obligatory) other things equal, that is, unless it is overridden or trumped by another duty or duties. Another way of putting it is that where there is a prima facie duty to do something, there is at least a fairly strong presumption in favor of doing it. An example of a prima facie duty is the duty to keep promises. "Unless stronger moral considerations override, one ought to keep a promise made."

By contrast with prima facie duties, our actual or concrete duty is the duty we should perform in the particular situation of choice. Whatever one's actual duty is, one is morally bound to perform it. Prima facie duties relate to actual duties as reasons do to conclusions of reasoning.

Note: The term "duty" in "prima facie duty" is slightly misleading. The prima facie duties are understood as guidelines, not rules without exception. If an action does not correspond to a specific guideline, one is not necessarily violating a rule that one ought to follow. However, not following the rule one ought to follow in a particular case is failing to do one's (actual) duty. In such cases it makes sense to talk about violating a rule. The rule might be the same in words as a prima facie duty (minus the phrase "unless other moral considerations override"), but it would no longer be merely a guideline because it describes what one concretely should do."

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A cause of action that's good enough to require rebuttal and to submit the case to trial is what?

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Related Questions

How big is prima facie of a crime in CA.?

how big is prima facie of a crime in CA.


What language is prima facie?

It is a Latin phrase.


What is Latin for at face value?

Prima Facie


Is Prima Facie capitalized?

Yes, "Prima Facie" should be capitalized because it is a Latin term that is commonly used in legal contexts to mean "at first sight" or "on the face of it."


What elements are prima facie?

Elements that are prima facie are those that appear to be true or valid at first sight or on initial examination. These elements are presumed to be accurate until proven otherwise. In legal contexts, prima facie evidence or elements can establish a fact or case unless rebutted by further evidence.


Is the term prima facie latin?

Yes. The term "prima facie" means "first view" or "immediately apparent"- it refers to evidence that directly suggests a factual connection, such as the guilt of the accused.


Can you have a clear case of Prima Facie Larceny?

Of course. A prima facie case is one which is established by sufficient evidence to prove guilt and can be overthrown only by rebutting evidence produced by the other side.


Price discrimination is prima facie evidence of what economic condition?

monopoly


Price wars are prima facie evidence of what economic market?

Oligopoly


A trail balance is only a prima facie evidence of the accuracy of the books of accounts?

yes it is


Is plaintiff's testimony sufficient to establish a prima facie case?

In some cases yes


What does prima facie mean?

It means "at first sight or "first view." As a legal term "prima facie" means "immediately apparent"- it refers to evidence that directly suggests a factual connection, such as the guilt of the accused. This evidence may be rebutted and in some cases could yield an erroneous conclusion.