- Rebuttable presumption
common lawand in civil law, a rebuttable presumption (in Latin, "praesumptio iuris tantum") is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. A rebuttable presumption is often associated with " prima facie" evidence.
Rebuttable presumptions in
criminal laware somewhat controversial in that they do effectively reverse the presumption of innocencein some cases.
burden of proofin the United Kingdomwas reversed by [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Sexual+Offences+Act+2003+&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=820904&ActiveTextDocId=821002&filesize=3558 Section 75] of Sexual Offences Act 2003in certain circumstance in relation to the issue of consentand mens reacreating a rebuttable presumption.
Burden of proof
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rebuttable presumption — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. rebuttable presumption … Law dictionary
rebuttable presumption — In the law of evidence, a presumption which may be rebutted by evidence. Otherwise called a disputable presumption. A species of legal presumption which holds good until evidence contrary to it is introduced. Beck v. Kansas City Public Service Co … Black's law dictionary
rebuttable presumption — noun : a presumption that may be rebutted by other legal evidence compare presumption of law … Useful english dictionary
rebuttable presumption — legal presumption that can be refuted … English contemporary dictionary
rebuttable presumption — A presumption which is not conclusive but may be overcome by opposing evidence. 30 Am J2d Ev § 1165. A provisional procedural assumption of a fact which is prescribed by a rule of a substantive law. Simpson v Simpson, 162 Va 621, 175 SE 320, 94… … Ballentine's law dictionary
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 — 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
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… … Wikipedia
presumption of law — a presumption (as of innocence) founded on a rule or policy of the law regardless of what the actual fact may be compare irrebuttable presumption, rebuttable presumption * * * Law. a presumption based upon a policy of law or a general rule and… … Useful english dictionary
presumption of law — An assumption made by the law itself, compelling the court to a resulting conclusion, which may or may not have a logical or reasonable foundation in basic fact. 29 Am J2d Ev § 163. A presumption which derives its force from the law of the… … Ballentine's law dictionary