The Meaning of the Term "Prima Facie"

non-earthly matters are presumed invalid. In I Frederick Copleston, S.J., A History of Philosophy at pt. 4, 24-25 (1962), Father Copleston observes-with typical succinct brilliance-regarding the above passage from Aristotle: Thus if a patient who suffers from delirium tremens "sees" pink rats, the senses as such do not err; error arises when the patient judges that the pink rats are "out there," as real extra-mentally-existing objects. Similarly, the sun appears smaller than the earth, but this is not an error on the part of the senses .... Error arises when, through a lack of astronomical knowledge, a man judges that the sun is objectively smaller than the earth. Because there are such subtle distinctions among cognitive evaluations of the trustworthiness of evidence, it is necessary to have precise terms for each gradation. "Prima facie" is such a term. Though Aristotle was not the only Greek philosopher who worked with presumptions and prima facie evidence, he was the biggest Greek influence on Roman and Medieval law; indeed, he was called simply "The Philosopher," as if there were no other. St. Thomas Aquinas was a tremendous influence on modem law, due to his enormous role in the establishment of Medieval Canon law. Part 1 of the second part of the Summa Theologica, questions 90-108, is entitled Treatise on Law. See 20 Britannica Great Books of the Western World 205-337 (Fathers of the English Dominican Province trans., 1952). Aquinas was an Aristotelian, and Aristotelian logic abounds in all his works. Although a discussion of Aquinas' logic is beyond the scope of this paper, the reader is encouraged to look at Treatise on Law and the numerous examples of presumptions and prima facie inferences located there. 6. See generally Copleston, supra note 5. at pt. 5, 123-28. 7. Dig. 16.1.13 (Gaius, Edictum 9) (translation by the author). 8. Cassell's Latin & English Dictionary 360 (1987). [Vol. 55