Legal Dictionary
Main Entry:
pre·sump·tionPronunciation:
pri-'z&mp-sh&nFunction:
noun : 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 allow to be rebutted called also
irrebuttable presumption —compare
REBUTTABLE PRESUMPTION in this entry
mandatory presumption : a presumption that a jury is required by law to make upon proof of a given fact —compare
PERMISSIVE PRESUMPTION in this entry
permissive presumption : an inference or presumption that a jury is allowed but not required to make from a given set of facts called also
permissive inference —compare
MANDATORY PRESUMPTION in this entry
presumption of fact : a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it
presumption of innocence : a rebuttable presumption in the favor of the defendant in a criminal action imposing on the prosecution the burden of proving guilt beyond a reasonable doubt
presumption of intent : a permissive presumption that if a criminal defendant committed an act it was his or her intent to commit it
presumption of law : a presumption (as of the innocence of a criminal defendant) founded on a rule or policy of law regardless of fact
presumption of survivorship : the presumption in the absence of direct evidence that of two or more persons dying in a common disaster (as a fire) one was the last to die because of youth, strength, or other reasons rendering survivorship likely
rebuttable presumption : a presumption that may be rebutted by evidence to the contrary —compare
CONCLUSIVE PRESUMPTION in this entry