Not exact matches
In some
jurisdictions, a prima
facie showing is all that is required.
In some
jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima
facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.
In Jones v Saudi Arabia [2006] UKHL 26, [2007] 1 All ER 113 Lord Hoffmann stated that «there is not even a prima
facie breach of Article 6 if a State fails to make available a
jurisdiction which it does not possess».
With respect to the NPPE and Canadian work experience requirements, the Court held that because no prima
facie discrimination had been established for these requirements, the Tribunal had no
jurisdiction to find that the requirements were not justified under the Act.
The 300 + page decision contains important discussion about various topics including the Tribunal's
jurisdiction, prima
facie discrimination, workplace accommodation, cultural obligations, complainant obligations, and the duty to inquire.
The OLRB found that the complaints failed to establish a prima
facie case, holding that even if the Provincial Executive had failed to follow the constitutional provisions and by - laws, the OLRB does not have the
jurisdiction to be the «watchdog for internal union affairs.»
Lord Mance held that: «Viewed by itself and in isolation, the place of commission will normally establish a prima
facie basis for treating that place as the appropriate
jurisdiction.»
(3) A certificate given under subsection (2) is, in all courts (whether exercising federal
jurisdiction or not) and for all purposes, prima
facie evidence of the matters specified in the certificate.