presumption of fact

presumption of fact
A logical and reasonable conclusion of the existence of a fact in a case, not presented by direct evidence as to the existence of the fact itself, but inferred from the establishment of other facts from which by the process of logic and reason, based upon human experience, the existence of the assumed fact may be concluded by the trier of the fact. 29 Am J2d Ev § 161. An inference arising from the commonly accepted experiences of mankind. Meares v Meares, 256 Ala 596, 56 So 2d 661.

Ballentine's law dictionary. . 1998.

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  • Presumption of fact — Presumption Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete… …   The Collaborative International Dictionary of English

  • Presumption of fact — A legal term used to describe a presumption that one makes to determine that a fact is probably true.For example: A man while peering through his window observed a brown Ford cargo van leaving a neighbor s house across the street. He did not… …   Wikipedia

  • presumption of fact — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • presumption of fact — law : a presumption founded on a previous experience or general knowledge of connection between a known fact and one inferred from it called also logical presumption * * * Law. a presumption based on experience or knowledge of the relationship… …   Useful english dictionary

  • presumption of fact — presumption relating to the proof of fundamental facts …   English contemporary dictionary

  • presumption of fact — Law. a presumption based on experience or knowledge of the relationship between a known fact and a fact inferred from it. [1875 80] * * * …   Universalium

  • 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 — Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913… …   The Collaborative International Dictionary of English

  • Presumption of law — Presumption Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete… …   The Collaborative International Dictionary of English

  • 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

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