In the
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
of
evidenceEvidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either a) presumed to be true, or b) were themselves proven via evidence, to demonstrate an assertion's...
, 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 or conclusive presumption. The invocation of a presumption does not shift the
burden of proofThe burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence....
from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts.
- types: Rebuttable presumption
Both in common law and in civil law, a rebuttable presumption is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise...
, Conclusive presumptionA conclusive presumption in English law is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary....
- examples of presumption without basic facts: Presumption of innocence
The presumption of innocence being considered innocent until proven guilty is a legal right that the accused in criminal trials has in many modern countries...
- example of presumption with basic facts: Death in absentia
In law, death in absentia is the status of a person who has been declared legally dead when the person disappears but no identifiable remains can be located or recovered.-Facts, circumstances, and the "balance of probabilities":...
, e.g.
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In the
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
of
evidenceEvidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either a) presumed to be true, or b) were themselves proven via evidence, to demonstrate an assertion's...
, 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 or conclusive presumption. The invocation of a presumption does not shift the
burden of proofThe burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence....
from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts.
- types: Rebuttable presumption
Both in common law and in civil law, a rebuttable presumption is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise...
, Conclusive presumptionA conclusive presumption in English law is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary....
- examples of presumption without basic facts: Presumption of innocence
The presumption of innocence being considered innocent until proven guilty is a legal right that the accused in criminal trials has in many modern countries...
- example of presumption with basic facts: Death in absentia
In law, death in absentia is the status of a person who has been declared legally dead when the person disappears but no identifiable remains can be located or recovered.-Facts, circumstances, and the "balance of probabilities":...
, e.g. law says if a person has been missing for 7 years or more (basic fact), that person shall be presumed to be dead.