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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 factconclusive presumption: a presumption that the law does not allow to be rebutted – called also irrebuttable presumption; compare rebuttable presumption in this entrymandatory presumption: a presumption that a jury is required by law to make upon proof of a given fact compare permissive presumption in this entrypermissive 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 entrypresumption of fact: a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from itpresumption 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 doubtpresumption of intent: a permissive presumption that if a criminal defendant committed an act it was his or her intent to commit itpresumption of law: a presumption (as of the innocence of a criminal defendant) founded on a rule or policy of law regardless of factpresumption 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 likelyrebuttable presumption: a presumption that may be rebutted by evidence to the contrary compare conclusive presumption in this entry
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
anticipation, assumption, belief, conception, coniectura, conjecture, deduction, ground for believing, hypothesis, inference, likelihood, opinio, opinion, postulate, predilection, predisposition, premise, presupposition, probability, reasonable supposition, required assumption, required legal assumption, speculation, strong probability, supposition, surmise
associated concepts: conclusive presumption, disputable presumption, presumption against suicide, presumption of authority, presumption of constitutionality, presumption of continuance, presumption of death, presumption of delivery, presumption of innocence, presumption of knowledge, presumption of law, presumption of legitimacy, presumption of regularity, rebuttable presumption, statutory presumption
foreign phrases:
- Culcunque allquis quid concedit concedere videtur et id, sine quo res ipsa esse non potuit. — One who grants anything to another is held to grant also that without which the thing is worthless- Lex judicat de rebus necessario faciendis quasi re ipsa factis. — The law judges of things which must necessarily be done as if they were actually done.- Novatio non praesumitur. — A novation is not presumed.- Nemo praesumitur malus. — No one is presumed to be wicked- Nemo praesumitur iudere in extremis. — No one is presumed to be jesting while at the point of death.- Nihil nequam est praesumendum. — Nothing wicked should be presumed- Semper praesumitur pro legitimatione puerorum. — The presumption always is in favor of the legitimacy of children- Stab it praesumptio donee probetur in contrarium. — A presumption stands until the contrary is proven- Praesumptiones sunt conjecturae exsigno verisimili ad probandum assumptae. — Presumptions are conjectures from probable proof, assumed for purposes of proof- Fraus est odiosa et non praesumenda. — Fraud is odious and will not be presumed.- Donatio non praesumitur. — A gift is not presumed to have been made.- Nemo praesumitur donare. — No one is presumed to have made a gift.- Favorabiliores rei, potius quam actores, habentur. — The condition of the defendant is to be favored rather than that of the plaintiff.- Nobiliores et benlgnlores praesumptiones in dubiis sunt praeferendae. — In doubtful cases, the more generous and more benign presumptions are to be preferred- Nullum iniquum est praesumendum in jure. — Nothing iniquitous is to be presumed in law- Quisquis praesumitur bonus; et semper in dubiis pro reo respondendum. — Everyone is presumed to be good; and in doubtful cases it should be resolved in favor of the accused- Praesumitur pro legitimatione. — There is a presumption in favor of legitimacy.- Semper praesumitur pro matrimonio. — The presumption is always in favor of the validity of a marriage.- Malum non praesumitur. — Evil is not presumed- Pro possessione praesumitur de jure. — A presumption of law arises from possession- Praesumptio violenta, plena probatio. — Strong presumption is full proof- Semper qui non prohibet pro se intervenire, mandare creditur. — He who does not prohibit the intervention of another in his behalf is deemed to have authorized it- Probatis extremis, praesumuntur media. — The extremes having been proved, those things which lie between are presumed- In favorem vitae, libertatis, et innocentiae, omnia praesumuntur. — Every presumption is made in favor of life, liberty and innocence- Nulla impossibilia aut inhonesta sunt praesumenda; vera autem et honesta et possibilia. — No things that are impossible or dishonorable are to be presumed, but things that are true and honorable and possible- Omnia praesumuntur legitime facta donee probetur in contrarium. — All things are presumed to be lawfully done, until the contrary is proven- Lex neminem cogit ostendere quod nescire praesumitur. — The law compels no one to divulge that which he is presumed not to know- Injuria non praesumitur. — A wrong is not presumed.II index assumption (supposition), concept, condition (contingent provision), conjecture, disrespect, expectation, generalization, inequity, opinion (belief), position (point of view), preconception, predetermination, probability, prognosis, prospect (outlook), rationale, speculation (conjecture), supposition
Burton's Legal Thesaurus. William C. Burton. 2006
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n.The act of presuming; the use of existing facts to infer other facts that are assumed to be true until they are rebutted; an assumption that must be made by a court if certain facts are shown and that will stand until other facts are presented to rebut it.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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in the law of evidence, certain assumptions either of fact, judicial decision or statute that must be rebutted, that is, controverted by evidence, or the assumptions will stand as effective proof. Presumptions in law include: (i) presumption in favour of life; (ii) presumption of ordinary physical condition; (iii) pater est quem nuptiae demonstrant, or 'the husband of the woman who has a child is presumed to be the father'; (iv) presumption of innocence in criminal cases and against wrongful acts in civil matters; omnia prae-sumuntur rite et solemniter acta, or 'a presumption in favour of regularity and validity'; (v) presumption from business, such as donatio non praesumunitur, 'that against donation'.Both England and Scotland presume death in certain cases. In England a person is presumed dead if he has not been heard of for seven years. In Scotland, the Presumption of Death (Scotland) Act 1977 provides that a person may be presumed dead if the court is satisfied that he has died or has not been known to be alive for a period of at least seven years. Presumptions of fact are really no more than cases where it is reasonable and likely that a court will infer a state of affairs from other facts. Thus, a person in possession of recently stolen property may be presumed to be the thief, but this can be rebutted by showing that he had found them and was taking them to the nearest police station when apprehended. The maxim res ipsa loquitur ('the happening speaks for itself'), once treated as a matter of law, is no more than a very strong inference. If an accident happens, caused by something that is under the defender's control and in such a way that, if well operated, it should not have happened, then res ipsa loquitur, 'and the incident is eloquent of negligence.'
Collins dictionary of law. W. J. Stewart. 2001.
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A rule of law that permits a court to assume a fact is true until such time as there is a preponderance of evidence which disproves or outweighs the presumption. A presumption shifts the burden to the opposing party to prove that the assumption is untrue.Category: Criminal LawCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. A legal assumption that something is a fact based upon another proven fact or set thereof. The presumption is given sufficient weight, once established, that an even greater amount of evidence to the contrary would be needed in order to contravene it. It has the effect of shifting the burden of proof or that of producing evidence to the opposing party.=>> inference.@ conclusive presumption@ non-rebuttable presumption@ conclusive (non-rebuttable) presumptionconclusive (non-rebuttable) presumption. A presumption that no amount of evidence or argument is strong enough to overcome.=>> presumption.@ rebuttable presumptionA presumption that is strong enough to make a prima facie case, but that is subject to being overcome by the presentation of stronger evidence to the contrary.=>> presumption.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A rule of law.
Dictionary from West's Encyclopedia of American Law. 2005.
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A conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that is admitted and proven to be true. A rule of law.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true. Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not; a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty. These are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions in which rules of law and logic dictate that there is no possible way the presumption can be disproved. However, if a fact is absolute it is not truly a presumption at all, but a certainty.
Law dictionary. EdwART. 2013.
