Prima Facie Script

Even experienced lawyers botch the Prima Facie Script. Avoid these errors:

The prima facie script is not merely a legal or theatrical concept; it is a neurological reality. Cognitive psychology confirms that the brain constructs narratives within milliseconds of encountering sensory data. When we meet a stranger, glance at a news headline, or witness an accident, our minds automatically weave disjointed facts into a coherent story. This script serves an evolutionary purpose: it allows us to make rapid decisions in ambiguous environments. A rustle in the bushes prima facie suggests a predator; a raised voice prima facie signals a threat. Without this ability to script reality from partial evidence, survival would be impossible.

However, the very speed that makes the prima facie script useful also makes it dangerous. The script is built on assumptions, cultural biases, and incomplete data. In a famous study, psychologists showed participants a video of a car accident and asked how fast the cars were going when they "smashed" versus "contacted" each other. The single word in the question altered the remembered speed—and even whether participants recalled seeing broken glass. The prima facie script had been rewritten after the fact, but participants believed it was the original truth.

The prima facie script is not a relic of Latin antiquity; it is the operating system of adversarial justice. Whether you are a 1L struggling through Civil Procedure, a paralegal drafting a motion, or a prosecutor preparing a preliminary hearing, your success hinges on one skill: Can you recite the elements of your case without taking a breath? prima facie script

A messy argument is a losing argument. A prima facie script brings order to chaos. It tells the judge exactly what you need to prove, exactly what you have, and exactly why the other side should be afraid.

Action Item: Take the case you are working on right now. Write down the prima facie elements on an index card. If you don't have evidence for every single line, do not pass "Go." If you do, you are ready to shift the burden.

Remember: At first sight, you win. Then let the facts speak. Even experienced lawyers botch the Prima Facie Script

Further Reading:

Keywords used throughout: prima facie script, establish a prima facie case, prima facie elements, legal script, burden of proof template, mock trial script.

"The State’s prima facie script for theft requires proof that the defendant knowingly took property belonging to another, without consent, with the intent to permanently deprive the owner of that property. The preliminary hearing will establish these four facts." Further Reading:

"Under the McDonnell Douglas framework, a prima facie case of discrimination requires: (a) the plaintiff is a member of a protected class; (b) the plaintiff applied and was qualified for the job; (c) despite qualifications, the plaintiff was rejected; and (d) after the rejection, the position remained open or was filled by someone not in the protected class."

The script needs a magic sentence that signals you’ve met the burden.

"Having established a prima facie case on all four elements, the burden now shifts to the defense to rebut."