Presumption

Presumption

In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable or conclusive presumption. The invocation of a presumption will normally shift the burden of proof from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts.

* types: Rebuttable presumption, Conclusive presumption
* examples of presumption without basic facts: Presumption of innocence,
* example of presumption with basic facts: Presumption of death, e.g. law says if a person has missing for 7 years or more (basic fact), that person shall be presumed to be dead.


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  • presumption — pre·sump·tion /pri zəmp shən/ n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption: a presumption that the law does not… …   Law dictionary

  • Presumption — • A product of pride, and a vice opposed to the theological virtue of hope • A term signifying a reasonable conjecture concerning something doubtful, drawn from arguments and appearances, which by the force of circumstances can be accepted as a… …   Catholic encyclopedia

  • Presumption — Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913… …   The Collaborative International Dictionary of English

  • presumption — pre‧sump‧tion [prɪˈzʌmpʆn] noun [countable, uncountable] LAW the act of thinking that something is true because it seems very likely, although there is no proof: • The amendment would create a legal presumption. presumption of • The claims… …   Financial and business terms

  • presumption — [n1] belief, hypothesis anticipation, apriorism, assumption, basis, chance, conjecture, grounds, guess, likelihood, opinion, plausibility, posit, postulate, postulation, premise, presupposition, probability, reason, shot, shot in the dark*,… …   New thesaurus

  • presumption — (n.) mid 13c., seizure and occupation without right, also taking upon oneself more than is warranted, from L.L. praesumptionem confidence, audacity, in classical Latin, a taking for granted, anticipation, from praesumere to take beforehand, from… …   Etymology dictionary

  • presumption — presupposition, assumption, postulate, premise, posit (see under PRESUPPOSE) Analogous words: view, *opinion, conviction, belief: conjecture, surmise (see under CONJECTURE vb) …   New Dictionary of Synonyms

  • presumption — ► NOUN 1) an act or instance of presuming something to be the case. 2) an idea that is presumed to be true. 3) arrogant or disrespectful behaviour. 4) chiefly Law an attitude adopted towards something in the absence of contrary factors …   English terms dictionary

  • presumption — [prē zump′shən, prizump′shən] n. [ME < OFr presumpcion < L praesumptio, a taking beforehand < praesumptus, pp. of praesumere: see PRESUME] 1. the act of presuming; specif., a) an overstepping of proper bounds; forwardness; effrontery b)… …   English World dictionary

  • presumption — An inference in favor of a particular fact. A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. Van Wart v. Cook, Okl.App., 557 P.2d 1161 …   Black's law dictionary

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