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FINDLAW LEGAL DICTIONARY

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Presumption

presumption 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 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



Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.