What are the elements of a prima facie case in civil litigation?
In South Carolina, a prima facie case for civil litigation must include four elements. First, a plaintiff must show that the defendant (the person being sued) had a duty to the plaintiff. This means that the defendant had an obligation to the plaintiff that was defined in law. Second, the plaintiff must prove that the defendant breached that duty by acting in a way that was not in accordance with the obligation. Third, the plaintiff must show that they were injured or suffered a loss as a result of the defendant’s breach. Finally, the plaintiff must prove that the defendant’s breach of duty was the direct cause of the plaintiff’s injury or loss. To demonstrate a prima facie case, the plaintiff must provide evidence that supports each of these elements. In addition to evidence, the plaintiff must show that the defendant was the only party to blame for the breach of duty. The evidence must also show that the plaintiff suffered a loss that can be legally compensated. If the plaintiff cannot meet all of these requirements, the case can be dismissed. However, if they can, then the defendant will be found liable in a civil trial.
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