What is the legal test for making out a prima facie case?

California, United States of America


The following excerpt is from People v. Mai, (Cal. 2013):

Here, it is not clear the trial court ultimately found, in step one, that defendant had made out a prima facie case. Moreover, insofar as the court declined to make such a ruling, it appears to have relied on its belief that a prima facie case required the showing of a "strong likelihood" of discrimination. Intervening high court authority has held that such a standard is too demanding for federal constitutional purposes. (Johnson v. California (2005) 545 U.S. 162, 170 [prima facie burden is simply to "produc[e] evidence sufficient to permit the trial judge to draw an inference that discrimination has occurred"].)

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