Rebuttable presumption

Rebuttable presumption

Both in common law and 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 law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases.

The burden of proof in the United Kingdom was reversed by [ Section 75] of Sexual Offences Act 2003 in certain circumstance in relation to the issue of consent and mens rea creating a rebuttable presumption.

See also

* Burden of proof
* Conclusive presumption
* Prima facie
* Shared parenting

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • 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

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.