In order to establish a prima facie case, a prosecutor need only offer credible evidence in support of each element of a crime. By contrast, a prosecutor must prove defendant’s guilt as to each element beyond a reasonable doubt to win a conviction.

“Prima facie,” a term introduced by the English philosopher W D Ross, means that the principle is binding unless it conflicts with another moral principle – if it does we have to choose between them.

Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” An example of this would be to use the term “prima facie evidence.” A prima facie case is the establishment of a legally required rebuttable presumption.

Antonyms: unclear. prima facie(adverb)

Possession is prima facie evidence of title or ownership. Hence, .

117. (1) Unless otherwise agreed, the goods remain at the seller’s risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not.

Goods Held by the Seller: If the seller is a merchant, risk of loss passes to the buyer at the time he or she takes physical possession of the goods. If the seller is a non-merchant, risk of loss passes to the buyer when the seller tenders the goods to the buyer.

According to Section 26, the goods remain at the risk of the seller until their property is transferred to the buyer unless otherwise decided. However, if the property is transferred to the purchaser, the goods are at risk, whether or not the delivery was made. Thus risk and property go hand in hand.

The passing of risk means the transfer of the liability for damage or loss of the property from the seller of the immovable property to the buyer.

The right of lien is the right to retain possession of the goods until payment for the same is made. Such a right is available to the unpaid seller having possession of the goods if the goods have been sold without any stipulation as to credit or they have been sold on credit, but the term of credit has expired.

The rights of Pawnee where Pawnor makes default is given under Section 176 of the Indian Contract Act, 1872. the Pawnee may bring a suit against the Pawnor on debt or promise; retention of the pledged goods as collateral security; may sell the pledged goods by giving reasonable notice of sale to Pawnor.

If the buyer fails to pay the price within the decided time, then unpaid seller has the right to keep the goods in his possession and he can refuse to deliver the goods until the due payment is paid.

Such rights of the unpaid seller are additional to the rights against the goods he sold.

• 1] Suit for Price.
• 2] Suit for Damages for Non-Acceptance.
• 3] Repudiation of Contract before Due Date.
• 4] Suit for Interest.
• 1] Damages of Non-Delivery.
• 2] Suit for Specific Performance.
• 3] Suit for Breach of Warranty.

The legal right a seller has to retain the title and possession of goods that are sold until the full price is paid.

Cover and sue for damages is NOT a remedy available to an unpaid seller against the buyer; this is a remedy available to a buyer. See “Remedies of the Seller 23-1.”

RECLAMATION RIGHTS UNDER THE UNIFORM COMMERCIAL CODE When a seller discovers that its buyer has received goods on credit while insolvent, the seller may reclaim the goods so long as the seller demands return of the goods within 10 days after receipt.

An unpaid seller can exercise his right of resale under the following conditions: He can claim damages from the original buyer even if he does not give a notice of resale to him. Property in the goods has not passed to the buyer: The unpaid seller can exercise his right of withholding delivery of goods.

There are four conditions that must be fulfilled before the right of stoppage can be exercised, namely: The buyer has failed to pay the price (only an unpaid seller can exercise this right); the buyer has become insolvent; the seller has parted with the possession of the goods; and the goods must be in transit.

The Sale of Goods Act, 1930 (hereinafter referred to as the “Act”) defines an unpaid seller as a seller that has not been paid the full price of the goods that have been sold or that has received a bill of exchange or other negotiable instrument as conditional payment, and the condition on which it was received has not …

When the buyer buys a product under a trade name or a branded product the seller cannot be held responsible for the usefulness or quality of the product. So there is no implied condition that the goods will be fit for the purpose the buyer intended.

To demand back the goods is not right of an unpaid seller. When the seller does not pay the amount, then he does not have any right to demand back the goods.

Symbolic Delivery: Where the goods are bulky and heavy and it is not possible to physically hand them over to the buyer, delivery thereof may be made by indicating or giving a symbol. Here the goods itself are not delivered, but the means of obtaining possession of goods is delivered.

Destruction before making of contract — Where in a contract for sale of specific goods, at the time of making the contract, the goods, without knowledge of the seller, have perished or become so damaged as no longer to answer to their description in the contract, the contract shall become null and void.

‘Goods’ is defined as per Section 2 (7) of the ‘Act’ as. “Every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.”

“Prima facie,” a term introduced by the English philosopher W D Ross, means that the principle is binding unless it conflicts with another moral principle – if it does we have to choose between them

Prima facie may be used as an adjective meaning “sufficient to establish a fact or raise a presumption unless disproved or rebutted” An example of this would be to use the term “prima facie evidence” A prima facie case is the establishment of a legally required rebuttable presumption

Prima facie is a legal claim having enough evidence to proceed to trial or judgment Prima facie, in Latin, means “at first sight” During civil litigation, a plaintiff files a lawsuit alleging injury was caused by actions (or inactions) of a defendant

Prima facie cases are important for protecting the rights of defendants and checking the actions of police and prosecutors Without such a system, many defendants might need to expend a lot of effort and money to go to a trial based on flimsy evidence

Four elements are required to establish a prima facie case of negligence:

• the existence of a legal duty that the defendant owed to the plaintiff
• defendant’s breach of that duty
• plaintiff’s sufferance of an injury
• proof that defendant’s breach caused the injury (typically defined through proximate cause)

In order to establish a prima facie case, a prosecutor need only offer credible evidence in support of each element of a crime By contrast, a prosecutor must prove defendant’s guilt as to each element beyond a reasonable doubt to win a conviction

In order to state a prima facie case for negligence, you must be able to plead the existence of a duty, the breach of that duty, causation and damages The general rule that California Courts have adopted is that a defendant owes a duty to everyone who may be put in danger by his or her conduct

Discrimination Claims: A Plaintiff’s Burden of Proof In employment discrimination cases, the burden of proof is on the plaintiff to establish that s/he was the victim of unlawful discrimination

Before EEOC can conclude that you were discriminated against, it would need to have proof that: 1 You were treated differently than someone of a different sex, race, national origin, color, religion, or age EEOC will ask what you know about the person whom you believe was treated more favorable than you

Workplace Discrimination Lawsuit Increase

1. Awareness is Higher
2. People Are Talking About Discrimination More
3. Social Media Can Make These Issues Go Viral
4. Talk to the Offender Before You Move Forward with the Case
5. File a Formal Complaint with Your Company
6. File an Administrative Charge
7. Hire a Lawyer

If your employer proffers a legitimate, non-discriminatory reason for why they did not promote you—and they almost always do—you must then show that its reason was not the true basis for the decision That is, you must prove that its claimed reason was a pretext for discrimination

What to Do Next If You’re Passed Over for Promotion

1. Don’t Compare Yourself to Others Travis Isaacs/Flickr
2. Understand What Success Looks Like Rawpixel/Pexels
3. Do an Objective Assessment of Your Strengths and Weaknesses FangXiaNuo/Getty Images
4. Create a Professional Development Plan Rawpixel/Pexels
5. Go the Extra Mile BraunS/Getty Images

But, generally no, you’re not required to post for it Only federal contractors are required to post open positions, so you can offer the employee the job without posting it for potential external or internal candidates to apply

An adverse employment action is one that affects or alters “the conditions of the workplace” and typically involves “discrete changes in the terms of employment,” such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing significant change in benefits

You can only sue your employer if your employer did something wrong to you In most cases, the thing your employer did wrong is called an adverse employment action Adverse employment actions are employment decision that negatively impact you as the employee The most obvious example is a firing

Background The United States Supreme Court has previously indicated that if harassment by a supervisor results in an “adverse employment action,” it is irrelevant whether the employer had preventive measures in place (such as a harassment policy) or whether the plaintiff unreasonably failed to utilize those measures

2013) (being placed on administrative leave can constitute an adverse employment action for purposes of a First Amendment retaliation claim)

Unless paid administrative leave is being used as a form of workplace retaliation, employers can legally put their employees on paid administrative leave while the employer conducts an investigation regarding their employee’s behavior

24-72 hours

Administrative leave — also known as home assignment — temporarily relieves an employee of their normal job responsibilities The employee is asked to remain at home during regular work hours but continues to receive regular pay and benefits

The following steps should be taken as soon as the employer receives a verbal or written complaint

1. Step 1: Ensure Confidentiality
2. Step 2: Provide Interim Protection
3. Step 3: Select the investigator
4. Step 4: Create a Plan for the Investigation
5. Step 5: Develop Interview Questions
6. Step 6: Conduct Interviews

And, in the meantime, the employee is not adversely affected by the loss of pay or benefits Such paid administrative leave is generally considered to be lawful However, that generally does not preclude you from looking for new employment while you are waiting for that call

Description Administrative leave (also referred to as “excused absence”) is an administratively authorized absence from duty without loss of pay or charge to leave

Generally, outside of command instructions there is no specific rule or regulation regarding supervisor’s authority to allow 59 minutes early departure from work without charging it as leave or loss of pay However, it is a common practice, and the basis is derived from several different documents

12 weeks

Under current statute, most federal employees can carry up to 240 hours, or 30 days of leave, though some can accrue more Employees must usually forfeit any accrued leave that exceeds the statutory limit