Which term refers to what the prosecution or plaintiff must prove to go to the jury—the elements of the case?

• A. Actus Reus
• B. Mens Rea
• C. Prima Facie Case
• D. Nominal Damages

Answer: (A)

The main idea being tested is what a party must show to bring a case to trial: a prima facie case. This is the minimum showing that, on the evidence presented, the claim has enough support on each required element to proceed to a jury verdict. In civil cases, that means presenting enough evidence on each element to establish a legally actionable claim by the applicable standard of proof (often a preponderance of the evidence). In criminal cases, the prosecution must prove every element of the offense beyond a reasonable doubt, including both the act (actus reus) and the required mental state (mens rea). Actus reus and mens rea are specific elements of a crime, not the overall threshold required to go to the jury, and nominal damages refer to token damages awarded when there is a violation but little or no actual harm.