rebuttable presumption

rebuttable presumption
A presumption which is not conclusive but may be overcome by opposing evidence. 30 Am J2d Ev § 1165. A provisional procedural assumption of a fact which is prescribed by a rule of a substantive law. Simpson v Simpson, 162 Va 621, 175 SE 320, 94 ALR 909. An assumption of facts made because common experience has established that they ordinarily exist where the basic facts from which the assumption arises have been established, but which may, in truth and fact, not exist at all. Wyatt v Baughman, 121 Utah 98, 239 P2d 193.

Ballentine's law dictionary. . 1998.

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

  • Rebuttable presumption — Both in common law and in civil law, a rebuttable presumption (in Latin, praesumptio iuris tantum ) is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and prove otherwise. A rebuttable… …   Wikipedia

  • rebuttable presumption — In the law of evidence, a presumption which may be rebutted by evidence. Otherwise called a disputable presumption. A species of legal presumption which holds good until evidence contrary to it is introduced. Beck v. Kansas City Public Service Co …   Black's law dictionary

  • rebuttable presumption — noun : a presumption that may be rebutted by other legal evidence compare presumption of law …   Useful english dictionary

  • rebuttable presumption — legal presumption that can be refuted …   English contemporary dictionary

  • 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 — 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

  • Presumption — In the law of evidence, 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… …   Wikipedia

  • presumption of law — a presumption (as of innocence) founded on a rule or policy of the law regardless of what the actual fact may be compare irrebuttable presumption, rebuttable presumption * * * Law. a presumption based upon a policy of law or a general rule and… …   Useful english dictionary

  • presumption of law — An assumption made by the law itself, compelling the court to a resulting conclusion, which may or may not have a logical or reasonable foundation in basic fact. 29 Am J2d Ev § 163. A presumption which derives its force from the law of the… …   Ballentine's law dictionary

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