presumption

presumption
A rule of law that attaches definite probative value to specific facts or draws a particular inference as to the existence of one fact, not actually known, arising from its usual connection with other particular facts which are known or proved. 29 Am J2d Ev § 160. The assumption or taking for granted of the existence of a fact, permitted or required under the law as a self-evident result of human reason and experience. Ward v Metropolitan Life Ins. Co. 66 Conn 227, 238, 33 A 902. An effect of an evidentiary fact from which the trier of fact must find the existence of another fact unless and until evidence is introduced which will support a finding of its nonexistence. UCC § 1-201(31). A rule of law attaching definite probative value to a specific fact, as distinguished from an inference which is a permissive conclusion by a trier of fact, unaided by any rule or theory of law directly applicable. People v Hillebrandt, 308 NY 397, 126 NE2d 377 49 ALR2d 449; Stumpf v Montgomery, 101 Okla 257, 226 P 65, 32 ALR 1490, 1496. See conclusive presumption; conflicting presumptions; legal presumption; mixed presumption; presumption; rebuttable presumption; violent presumption.

Ballentine's law dictionary. . 1998.

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  • 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 — • A product of pride, and a vice opposed to the theological virtue of hope • A term signifying a reasonable conjecture concerning something doubtful, drawn from arguments and appearances, which by the force of circumstances can be accepted as a… …   Catholic encyclopedia

  • 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 — pre‧sump‧tion [prɪˈzʌmpʆn] noun [countable, uncountable] LAW the act of thinking that something is true because it seems very likely, although there is no proof: • The amendment would create a legal presumption. presumption of • The claims… …   Financial and business terms

  • presumption — [n1] belief, hypothesis anticipation, apriorism, assumption, basis, chance, conjecture, grounds, guess, likelihood, opinion, plausibility, posit, postulate, postulation, premise, presupposition, probability, reason, shot, shot in the dark*,… …   New thesaurus

  • presumption — (n.) mid 13c., seizure and occupation without right, also taking upon oneself more than is warranted, from L.L. praesumptionem confidence, audacity, in classical Latin, a taking for granted, anticipation, from praesumere to take beforehand, from… …   Etymology dictionary

  • presumption — presupposition, assumption, postulate, premise, posit (see under PRESUPPOSE) Analogous words: view, *opinion, conviction, belief: conjecture, surmise (see under CONJECTURE vb) …   New Dictionary of Synonyms

  • presumption — ► NOUN 1) an act or instance of presuming something to be the case. 2) an idea that is presumed to be true. 3) arrogant or disrespectful behaviour. 4) chiefly Law an attitude adopted towards something in the absence of contrary factors …   English terms dictionary

  • presumption — [prē zump′shən, prizump′shən] n. [ME < OFr presumpcion < L praesumptio, a taking beforehand < praesumptus, pp. of praesumere: see PRESUME] 1. the act of presuming; specif., a) an overstepping of proper bounds; forwardness; effrontery b)… …   English World 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

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