Prima facie case

“ It remains to consider whether a prima facie case of racial discrimination has been established in the case before us, requiring Leesville to offer race-neutral explanations for its peremptory challenges. In Batson, we held that determining whether a prima facie case has been established requires consideration of all relevant circumstances, including whether there has been a pattern of strikes against members of a particular race. ”

“ When the twenty are gone, you will answer them all for yourself. Meanwhile"—he took up another pen and made a tiny addition to item one—"I carry this on one step farther. See!"
He replaced the memorandum under Jim's eyes. Jim read:
"—subsequent developments, e.g. the disappearance of the Poison Arrow, the introduction into the case of the ill-famed Jean Cladel, Ann Upcott's story of her visit to the treasure-room, and now the mystery of Mrs. Harlowe's pearl necklace, and the finding of the arrow, make out a prima facie case for inquiry." ”

“ As construed above, § 4 (f) (2) is not so much a defense to a charge of age discrimination as it is a description of the type of employer conduct that is prohibited in the employee benefit plan context. By requiring a showing of actual intent to discriminate in those aspects of the employment relationship protected by the provisions of the ADEA, § 4 (f) (2) redefines the elements of a plaintiff's prima facie case instead of establishing a defense to what otherwise would be a violation of the Act. ”

“ But we cannot imagine a mere biological trend towards producing interesting faces; because an interesting face is one particular arrangement of eyes, nose, and mouth, in a most complex relation to each other. ”

“ Here he has found a different kind of problem, which he has solved in his own way.
It seems as if each part of the face had an expression of its own, so that if the rest of the face were covered we could see that one alone. ”

“ And viewed intellectually appearance is error. But the remedy lies in supplementation by inclusion of that which is both outside and yet essential, and in the Absolute this remedy is perfected. There is no mere appearance or utter chance or absolute error, but all is relative. And the degree of reality is measured by the amount of supplementation required in each case, and by the extent to which the completion of anything entails its own destruction as such. ”

“ And, as I fixed my attention upon them more and more closely, heaven aid me! the features of a human face grew more and more distinctly traceable and visible, just as when, on looking at a distorted picture through a lens specially constructed, all its lines and effects then, and not till then, grow clear and sharp. ”

“ Thus, for instance, you form in the eye, as an active organ, the figures you intend to sketch or the words you intend to write, and throw them outside of you, long before the hand, which obeys your eye, can draw or write them. In this case the body serves as tool. ”

“ But, on the other hand once more, since the amount of change is different in each case, appearances differ widely in their degrees of truth and reality. There are predicates which, in comparison with others, are false and unreal. ”

“ Suppose the object in question is a friend's face. A person's face is always changing, and is not exactly the same on any two occasions. Common sense treats it as one face with varying expressions; but the varying expressions actually exist, each at its proper time, while the one face is merely a logical construction. ”

“ Physiognomy, or the Features of the Head and Face, teaches us to judge of the character of a person and of events connected with his destiny from the shape, color and expression of his features. If my fair readers would like to know how many husbands they are to have, they have only to knit their eyebrows closely together, and count the folds of the skin formed by this movement. ”

“ A person accustomed to watch the faces of those who were ailing in body or mind, and to search in every line and tint for some underlying source of disorder, could hardly help analyzing the impression such a face produced upon him. ”

“ And we may remind ourselves at this point of a fatal mistake. If you take appearances, singly or all together, and assert barely that the Absolute is either one of them or all—the position is hopeless. Having first set these down as appearance, you now proclaim them as the very opposite; for that which is identified with the Absolute is no appearance but is utter reality. ”

“ Having thus defined what we mean by the position of objects with regard to the eye, it is evident, that as the real figure of a body consists in the situation of its several parts with regard to one another, so its visible figure consists in the position of its several parts with regard to the eye; and as he that hath a distinct conception of the situation of the parts of the body with regard to one another, must have a distinct conception of its real figure ”

“ Thus a strange face seen a few times or only once can be clearly represented, but the faces of familiar people with whom we are in constant intercourse can no longer be clearly reproduced and represented. ”

“ Equally true is it that the face should be free from that incessant smiling which overspreads the countenances of so many. The face should possess neither one of these expressions, but present a set, firm appearance, conveying no idea of the thoughts of the mind. Outward causes are exceptions to the changes of facial expressions. ”

“ He continued to observe, that what is usually called character in a face, is probably excess in some of its parts, and particularly of those which are under the influence of the mind, the leading passion of which marks some feature for its own. A perfectly symmetrical face bears no mark of the influence of either the passions or the understanding, and reminds you of Prometheus’s clay without his fire. ”

“ For example, see what a difference there is between the face of a man and its image from a mirror: there is a face in the image, a face in the body: the image exists in imitation, the body in reality. ”

“ In a word, increasing the number of 'points' involved in a difference may excite our discrimination as effectually as increasing the amount of difference at any one point. Two men whose mouth, nose, eyes, cheeks, chin, and hair, all differ slightly, will be as little confounded by us, as two appearances of the same man one with, and the other without, a false nose. ”

“ If the common faculties of understanding were attached to particular organs, the person who possesses the organ of any common faculty ought to be endowed with all particular kinds of faculties. If there were an organ of perception, of memory, of judgment, or of imagination, any one who has the organ of perception, of memory, of judgment, or of imagination, ought to possess all kinds of perception, of memory, of judgment, or of imagination. ”

“ Possibly it will be urged, in reply, that changes of expression affect only the muscles and skin of the face; that the permanent marks they produce can extend but to these; that, nevertheless, the beauty of a face is mainly dependent upon the form of its bony framework ”

“ The differences in human features must be reckoned great, inasmuch as they enable us to distinguish a single known face among those of thousands of strangers, though they are mostly too minute for measurement. At the same time, they are exceedingly numerous. The general expression of a face is the sum of a multitude of small details, which are viewed in such rapid succession that we seem to perceive them all at a single glance. ”

“ On the other hand, if there is a rational connection between what is proved and what is to be inferred, legislation declaring that the proof of one fact or group of facts shall constitute prima facie evidence of a main or ultimate fact will be sustained. ”

“ The face is as ‘a book where men may read strange matters:’ it is open to every one: the language of expression is as it were a kind of mother-tongue, in which every one acquires more or less tact, so that his own practical judgment forms a test to confirm or contradict the interpretation which is given of it. ”

“ It was the face of the man that held his gaze—a bronzed and high-boned face, full of weather-wrinkles like his own, whose dark eyes gave him look for look and in their arrogance held a peculiar glassy appearance. ”

“ Says the querist, I do not ask what the properties of body are, but what is the thing itself—let me first know directly what body is, and then consider its properties. To this demand I am afraid the querist will meet with no satisfactory answer; because our notion of body is not direct but relative to its qualities. ”

“ The rudimentary eye is formed by the sense-faculty, and it is developed into complete form between the sense-faculty and the medium of light by use. The organ of any sense-faculty is formed by the sense-faculty itself, and is developed to its fullness by the sense-faculty using it in nature. ”

“ The image which is cast upon the retina is but arranged color with an outline which is interpreted by vision to be the mark, sign, or symbol of a form, and the perceived image is a judgment. It is thus from vision that we derive symbolic judgments of form, and the judgment which we make is the image of the form. In vision the judgment of form is but one of the judgments we make ”

“ What is true of the natural world is also true of man. Consider the variations of the human face. Reflecting upon the limited number of features, one is amazed to think that such an infinite combination of facial forms and expressions can be created. ”

“ Of all parts of the body, the face is most considered and regarded, as is natural from its being the chief seat of expression and the source of the voice. It is also the chief seat of beauty and of ugliness, and throughout the world is the most ornamented. ”

“ At the same time, in perceiving the face, we isolate it from its background, or disregard the numerous other stimuli that are simultaneously acting upon us. If we proceed to examine the face in detail, we may isolate the nose and perceive that as a whole. ”

“ A worn look had grown over the little face, and it made its charm for him stronger. For pain and time, which trace deep lines and write a story on a human face, have a strangely different effect on one face and another. ”

“ Walk along a crowded street and watch the different faces of the men and women as they pass by—grey faces, drab faces, white faces, yellow faces, faces sad and cross, and lined and dull, faces by the thousand blank of any expression at all, and then here and there, at rare, rare intervals, a live face that speaks. ”

“ In attempting to answer the question, let us consider what we do when we wish to obtain the photograph of a face that does not exist. We photograph a number of faces one over the other on the same plate. ”

“ We have found that no one aspect of experience, as such, is real. None is primary, or can serve to explain the others or the whole. They are all alike appearances, all one-sided, and passing away beyond themselves. But I may be asked why, admitting this, we should call them appearances. For such a term belongs solely of right to the perceptional side of things, and the perceptional side, we agreed, was but one aspect among others. To appear, we may be told, is not possible except to a percipient, and an appearance also implies both judgment and rejection. ”

“ Nothing is more certain than that our individual lives form, if not our faces, the expression of them. Our eyes and all the facial muscles are at the command of our natural inherited dispositions as modified by the circumstances of our lives. ”

“ You hardly know anything is wrong at first; by-and-by you notice that every scene that you look on, night or day, has got that face in it, not a filmy vision of a thing, but quite material in appearance, only it’s in abnormal places for a face to be, and it is a face only. It may be on the wall, or amongst the roof poles, or away in a corner of the hut floor; outdoors it is the same—the face is first always, there just where you can see it. ”

“ The great importance of this can be easily realized if we observe the face of any one who has been constipated for several days. After a thorough clearing out, the face becomes fresher and the eyes brighter. The complexion that was previously a dirty gray becomes white and rosy again, particularly in the case of young women. ”

“ Generally it is asserted that much, indeed, fails to be expressed by the face; that what does show, shows according to no fixed rules; that hence, whatever may be read in a face is derivable either instinctively by oneself or not at all. ”

“ Those who do not admit the relationship between mental and facial beauty, usually remark that the true connexion is between character and expression. While they doubt, or rather deny, that the permanent forms of the features are {388} in any way indices of the forms of the mind, they assert that the transitory forms of the features are such indices. ”

“ If the metaphysician should say that he refers to an eye of the latter description, then the plain man's answer should be—that he has no experience of any such eye—that he cannot conceive it—that he knows nothing at all about it—and that the only eye which he ever thinks or speaks of, is the eye appertaining to, and situated within, the phenomenon which he calls his visible body. ”

“ As we approach nearer to the object, the effect of the intervening medium grows less. In a generalized sense, all the intrinsic laws of change of appearance may be called "laws of perspective." Given any appearance of an object, we can construct hypothetically a certain system of appearances to which the appearance in question would belong if the laws of perspective alone were concerned. ”